Gunnison, CO asked in Contracts and Real Estate Law for Colorado

Q: When purchasing a home, if the pipes freeze AFTER the inspection but BEFORE closing. Who is responsible?

The pipes were drained after the inspection to keep from freezing. However, the listing agent turned the water back on before closing. If the pipes freeze and burst before we close, who is responsible for the cost of fixing that?

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2 Lawyer Answers

James Alan Greer

  • Boulder, CO
  • Licensed in Colorado

A: Dear Frozen Pipes Seller: the rule of law in Colorado Real estate sales contract is that the SELLER (and the Seller's insurance carrier) is responsible for all property damages occurring at the subject property until the moment of "closing" (or, the moment the title is transferred to Buyer).

Donald C Eby agrees with this answer

1 user found this answer helpful

Ashley Dean Powell

  • Licensed in Colorado

A: If you used the the standard Contract to Buy and Sell Real Estate (Residential) that is very common in Colorado, and if you did not significantly modify it during negotiations, you may find Section 19 (and, in particular, Section 19.2 for plumbing) helpful in understanding seller's obligations and your rights with respect to damages that occur while you are under contract.

Donald C Eby agrees with this answer

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