Are you subject to outstanding insurance claims on a property you are about to buy?

robert32

Hi,

Today I reached completion date on a maisonette I'm buying in Newcastle.

I was made aware of an outstanding insurance claim from the property downstairs relating to a leaking pipe from when a bathroom was refitted. I was informed by the estate agents that the damage was minor, had been repaired and the insurance claim had been dealt with by the plumbers solicitor.

As no documentation of this was forthcoming to prove the matter, I decided to pay a visit to the owner of the downstairs flat. As it turned out, the property had been devastated causing around £35,000 worth of damage to all but one room. This had caused the owner to move out into a hotel for six months.

I am still keen to buy the upstairs property, but want to be absolutely sure I can't be held liable for the damage in buying the property.

Any thoughts on this?


R.

Ian_W

robert32 wrote: »

Any thoughts on this?
R.

Yes, ask your solicitor, that's what you're paying them for. To advise and to answer any legal queries you have about the purchase.

From a layman's perspective how can you be liable? You didn't own the property when the damage occurred so could not have owed a duty of care to the occupier below. The other occupier would also have to prove negligence, which even against the person who is selling might not be easy.

By the sound of it the person you're buying from was having work done and the claim is against the plumbers public liability insurance.