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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am just about to buy a flat which has a pending insurance

Resolved Question:

I am just about to buy a flat which has a pending insurance claim against it from the flat below (water damage) do I take on the responsibility for the claim if not resolved before I buy?
Many thanks
Jon Owen
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Jon my name is ***** ***** I will help you.No - the claim didnt happen when you owned it.It would therefore be the responsibility of the previous owner.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you for your reply, in a bit more detail....the sellers' plumber apparently caused a leak to the flat below. While our solicitor wanted to add a special clause to the contract whereby the sellers accept all financial responsibility that is not covered by insurance, the sellers' solicitor advised them to cap their responsibility to the excess on the insurance. This, according to our solicitor, may make us liable, if for instance the builder did not have proper insurance or if the insurance company deemed the claim beyond their coverage etc. so we are now at an impasse as the seller won't budge, saying that they don't see what the problem is etc and are threatening to call off the deal if we don't agree to the cap. We are a little hesitant to go against our solicitor's advice and risk being held responsible (apparently the flat below is claiming damages for £12,000) so our solicitor advised us to consult an insurance lawyer.
Expert:  Ash replied 1 year ago.
I see. You need to have and seek an indemnity from the seller then. If not then I would not go ahead with the purchase.Does that help?Alex
Expert:  Ash replied 1 year ago.
Alex
Customer: replied 1 year ago.
Thank you for that, I think we will stick with the no clause no sale policy and be prepared to walk away.
Expert:  Ash replied 1 year ago.
I am sorry its not better news.
Expert:  Ash replied 1 year ago.
If I cant clarify anything else have a great weekend.Alex
Customer: replied 1 year ago.
This seems to be their final concession...
'“8 The Seller confirms that two apparent water leaks from the Property has caused damage to Flat 6 below. The Seller further confirms that he will be responsible for any excess that may be due to the insurance company as a result of the water leak and will indemnify the Buyers against all costs, expenses, damages, losses, claims that may arise as a result of the water leaks not exceeding the total sum of £250 for each leak (i.e. £500 total)'
Expert:  Ash replied 1 year ago.
Yes I agree. Its a matter for you really wheteher its worth it.
Expert:  Ash replied 1 year ago.
Can I clarify anything else for you?Alex
Customer: replied 1 year ago.
No, thanks for the advice, have a good weekend.
Expert:  Ash replied 1 year ago.
And you.Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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