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Updated over 4 years ago on . Most recent reply presented by

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Nic S.
  • Danville. CA
217
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Negligent claim - warranty deed vs closing date

Nic S.
  • Danville. CA
Posted

I fully intend to get a lawyer involved if it gets to that point but I figured I would see what you all think of this situation. 

My property manager received a letter from a current tenant stating on June 1, 2020 her child was shocked while plugging a cell phone into a wall outlet. Attorney is asking to be put in touch with my insurance carrier and if we don't comply they intend to file a civil suit under a claim of owner negligence. 

The letter states the incident took place on June 1st. I closed on the property June 3rd and had no prior knowledge of any electrical issues. The Warranty Deed has a date of June 1st and a recorded date of June 8th. 

My question is; what event signifies when is legal liability is transferred from seller to buyer? Closing docs or warranty deed? Thank you very much!

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Jeff Copeland
  • Real Estate Agent
  • Tampa Bay/St Petersburg, FL
2,065
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1,836
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Jeff Copeland
  • Real Estate Agent
  • Tampa Bay/St Petersburg, FL
Replied

The short answer is report this to your insurance carrier immediately. They will defend against the claim and determine if it's legit. They will engage an attorney if needed. They will basically fight tooth and nail to avoid paying a claim. 

Not reporting it to your insurance carrier will only cause problems later on: vimeo.com/364512003

  • Jeff Copeland

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