Water Damage from Condo above mine

by Guest » Tue Mar 17, 2015 05:46 pm
Guest

The tenants in the condo above mine left for the month of Dec and turned the heat off in the unit. A water pipe burst and flooded the master bedroom, bath and closet. The insurance company (State Farm) for the owner of that unit has agreed to cover the cost of abatement and repair but want a liability release signed that includes this statement:

"This release expressly reserves all rights of the parties released to pursue their legal remedies, if any, against the undersigned, their heirs, executors, agents and assigns."

Is this standard? And, why would we need to sign a release giving the tenants and owner the right to sue us? Am I being paranoid?

Thank You

Total Comments: 3

Posted: Wed Mar 18, 2015 12:22 am Post Subject:

It does not give them any rights to sue you... it preserves any right that they might already have to sue you.

Posted: Wed Mar 18, 2015 02:18 pm Post Subject: Liability Release

So, should I be okay to sign the release to get the matter settled?

Posted: Sun Mar 29, 2015 03:57 pm Post Subject:

This may be a case where they could sue the tenant above you. It is usually stated in a policy that when you are away from your home for an extended period of time in cold weather months, it is your duty to maintain heat or shut off all water in your home so things like this don't happen.

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