本人2012年買入單位自住，2015年1月下層單位厠所天花石屎嚴重剝落及鋼筋生銹外露。下層單位向本人索償，原因是本單位的厠所咸水箱在2010年嚴重漏水，令下層單位厠所天花滴水，本單位前手業主在2010年已負責維修下層的天花板，當時鋼筋未有生銹。
下層業主要求賠償理由是：雖然天花已沒有再滴水，但咸水已存於上層地台內及下層的天花內，經年累月侵食天花的鋼筋而生銹，令天花石屎嚴重剝落。買樓是買樓宇現況，由於天花石屎剝落是由上層單位漏水引致，現在上層的業主須負責下層單位的損失，不論滴水事件是否在本人買入單位前發生。
買樓是買樓宇現況，法例是否要現在的業主負責上手業主的漏水責任？
業主對下層天花漏水的責任
2015-01-19 8:01 am
回答 (3)
2015-01-19 2:57 pm
✔ 最佳答案
The short answer is no. The long answer is some.Assuming the repair in 2010 did the job and stop all leaking, in that case, you are not supposed to be responsible for the current damage, as the problem existed before you becoming the owner and was not caused by you.
You bought the property as-is does not mean you bought other thing as-is, especially there should be no provision saying that you resume all previous liabilities. Beside, in this case, another property is the issue, not this one.
In that case, the previous owner has the responsibility as the statute of limitation has not passed.
What makes this tricky is you are the current owner. So the occupant downstairs is going after you for the damage. In that case, you will bear the expense to defend yourself (which is your sole responsibility in this case) and re-assign the liabilities to the previous owner.
It is better to find a lawyer and see if you can locate the previous owner
2015-01-25 9:02 pm
根據香港法律，買樓是買現況，例如，有僭建也是現在業主的責任。
2015-01-24 12:44 am
The short answer is no. The long answer is some.
Assuming the repair in 2010 did the job and stop all leaking, in that case, you are not supposed to be responsible for the current damage, as the problem existed before you becoming the owner and was not caused by you.
You bought the property as-is does not mean you bought other thing as-is, especially there should be no provision saying that you resume all previous liabilities. Beside, in this case, another property is the issue, not this one.
In that case, the previous owner has the responsibility as the statute of limitation has not passed.
What makes this tricky is you are the current owner. So the occupant downstairs is going after you for the damage. In that case, you will bear the expense to defend yourself (which is your sole responsibility in this case) and re-assign the liabilities to the previous owner.
It is better to find a lawyer and see if you can locate the previous owner
Assuming the repair in 2010 did the job and stop all leaking, in that case, you are not supposed to be responsible for the current damage, as the problem existed before you becoming the owner and was not caused by you.
You bought the property as-is does not mean you bought other thing as-is, especially there should be no provision saying that you resume all previous liabilities. Beside, in this case, another property is the issue, not this one.
In that case, the previous owner has the responsibility as the statute of limitation has not passed.
What makes this tricky is you are the current owner. So the occupant downstairs is going after you for the damage. In that case, you will bear the expense to defend yourself (which is your sole responsibility in this case) and re-assign the liabilities to the previous owner.
It is better to find a lawyer and see if you can locate the previous owner
收錄日期: 2021-04-20 15:24:14
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https://hk.answers.yahoo.com/question/index?qid=20150119000051KK00001