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Anna L.
  • Twin cities, MN
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Real Estate Attorney to sue the upstairs unit

Anna L.
  • Twin cities, MN
Posted Nov 28 2022, 13:04

I had big water damage last summer because the AC pipe issue from the above unit of my condominium.

The repair cost was around $8000.I paid $1000 deductible and my insurance company paid the rest of them.

I put the property on the market and singed contract, but the buyer backed off after getting informed the water damage, so I was not able to sell my property. 

I had another water damage a month ago from the above unit again during their water heater replacement. 

I contacted the owner of the above unit, but she didn't refuse to pay for all my damage, so I decide to sue her.

It looks like the process and attorney fee is not that simple.

Does any one have any similar experience or refer any attorney on that area?

The repairing process took longer because the tenant was not at home and hard to find a contractor, and the tenant was very upset with all this situation. 

As a first time investor, I am very frustrated with all this situation.

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Chris Seveney
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  • Investor
  • Virginia
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Chris Seveney
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Replied Nov 28 2022, 13:44

@Anna Lee

This in Minnesota?

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Anna L.
  • Twin cities, MN
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Anna L.
  • Twin cities, MN
Replied Nov 28 2022, 13:58

@Chris Seveney'

The property is in Memphis, TN

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Chris Seveney
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Chris Seveney
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Replied Nov 28 2022, 18:15

@Anna Lee

Send me a PM and I can send you name of several attorneys

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John Mocker#1 Insurance Contributor
  • Insurance Agent
  • Norwalk, CT
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John Mocker#1 Insurance Contributor
  • Insurance Agent
  • Norwalk, CT
Replied Nov 29 2022, 07:57

Anna,

I would suggest that you  check or have ready for the attorney:

1. Bylaws and Declarations of the condo

    - is there a clause that holds other unit owners harmless?

    - who owns the AC & Hot water heater (association or unit owner)?

    - was the claim submitted to the assocation and did they deny?

       (will want the letter that showed why they denied it)

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Anna L.
  • Twin cities, MN
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Anna L.
  • Twin cities, MN
Replied Dec 5 2022, 15:48

Thanks @John Mocker

The AC and Water heater are owned by the owner not by HOA.

The claim has not submitted to HOA.