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You are here: Home / News / Who pays post contracts exchange damage?

Oct 22

Who pays post contracts exchange damage?

Having exchanged contracts on a house I am buying I now discover there are some tiles missing from the roof and in the recent heavy rain it has caused water damage to the ceiling in one of the bedrooms. Is this now my responsibility, or can I insist on the vendor getting the roof repaired and the damage made good before I move in?”

This all depends on the terms of the Sale Contract. You are entitled to purchase the property in the same condition as existed when you viewed and, in particular, on exchange of contracts. If the seller remains liable for insuring the property then he may be able to claim for the damage on his own insurance.

If the contract specifies you are responsible for insuring the building on exchange of contracts then any such insurable damage would be your responsibility. On the basis that this damage has happened since exchange of contracts – and clearly not caused by the seller – then arguably it is an insured risk and the person responsible for insuring from exchange will be responsible and will have to make a claim under the appropriate policy.

Category:News | Tags: Cardiff conveyancing solicitor, Emyr Pierce, Emyr Pierce Solicitors, Exchange of Contracts

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