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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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I bought a house, and in going through the walk-through, I

Customer Question

I bought a house, and in going through the walk-through, I noticed the carpets had been cleaned but seemed unusually damp. A week or so later we moved in, and all was fine for another week or so, and then all the upstairs wood subfloors started to crackle and pop every time you walk on them. I'm assuming the water damaged the flooring and it all warped on the stairs and at the upstairs, every room. (All rooms were cleaned and damp during the walk-through. If the floors popped like this when I visited it during the showing, I would have never bought the house. I think the previous owners went on the cheap and cleaned the carpets themselves but didn't remove the water, thus ruining the floors. I'd like to floors repaired, which means also replacing the carpets.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 11 months ago.

Hello and welcome to JustAnswer. My name is ***** ***** I am an attorney who will try my very best to help with your situation or get you to someone who can. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry you are dealing with this situation. Your Realtor may be correct that the warranty doesn't cover the damage. You should check with the warranty company themselves however as I would not take a Realtor's answer as being final.

Regardless, assuming the Realtor is correct, that does not mean that the owners who cleaned the carpets can not be held liable for negligence that resulted in damages to your property. If the cleaning of the carpet was not done with a reasonable standard of care, then damage caused from this breach of reasonable or standard repair would subject the owners to liability.

Unfortunately, this is likely going to require a lawsuit against the owners to bring this matter to a resolution unless you can get the owners to admit fault and agree to pay the costs of repair. But if they do not you will need to determine how much the damage is (that is to repair and replace the carpets) and sue for that amount.

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.

Expert:  J. Warren replied 11 months ago.

Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

Expert:  J. Warren replied 11 months ago.