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Two years ago purchased house on a golf course. My house has…

Customer Question
Two years ago purchased...

Two years ago purchased house on a golf course . My house has been hit with golf balls damage $2,000. Last year. This year house has been hit 9 times on the roof damage $500.00. Golf course does take responsibility. They gofers are liable. They give me fake phone numbers and will not pay. What can I do to stop this.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Have only talked to golf course president & manager was told not there responsibility.

Lawyer's Assistant: Where is the house located?

On kitsap golf course

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know my rights

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 3 minutes by:
3/19/2018
Real Estate Lawyer: Attorney Wendy, Lawyer replied 1 month ago
Attorney Wendy
Category: Real Estate Law
Satisfied Customers: 523
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am working on a response to your question and should have that to you shortly.

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Real Estate Lawyer: Attorney Wendy, Lawyer replied 1 month ago

This issue is a sticky one as there are two conflicting principles of liability at work. First, golfers are generally deemed liable for damage caused by their play of the sport. Second, homeowner who purchase homes on golf courses are deemed to have "assumed" the risk of their homes, them, visitors, other property being hit by golf balls coming off the course. For that reason, upon being informed of your home's location, your homeowners' insurance policy likely covers these damages, though you may often end up paying until you meet your deductible.

Since there are two possible legally responsible parties - the golfer and the homeowner - you have done what you should be doing in terms of attempting to get the information of the responsible golfer. It may be that when you do speak to a golfer who has hit your home/property you should confirm the number by dialing it immediately upon being provided with it to ensure it rings to the golfer's phone. If there are signs on the golf course property stating that golfer's are responsible for any damages they cause, you may want to take photos of those signs (they are often found on courses) and use the to negotiate for better help from the golf club, as the fact that they posted those signs could be deemed an admission of liability on the part of them and their golfers.

Unfortunately, a review of some cases on this issue has shown that many times when legal claims are filed, a judge or jury sides with the golfer and relies on the fact that a homeowner who purchases a home along a golf course knew and assumed the risk of this type of damage. But that does not preclude your making attempts to get some support from the golf club and, ultimately, the responsible golfers.

I hope this is helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
Since my home is the only house being hit by gol balls. Most of the time I am not home. Also since I have a VV loan. This should be considered government property.
Real Estate Lawyer: Attorney Wendy, Lawyer replied 1 month ago

That must be incredibly frustrating that your home seems to get all of golf ball damage; I wonder if there is any landscaping or other work that could be requested of the golf club to make your home less vulnerable.

And, unfortunately, property purchased with VA loans are not actually considered government property since the loan is guaranteed by the VA but the funds actually come from private lenders.

I wish I had better news for you; the law is just not that helpful in this situation.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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