[CLC-Discussion] Sale of residence in a proprty damage case

[Michelle M. Krone]

Good Afternoon,

I have a case where a fire loss occurred and the measure of damages will be repair and/or diminution whichever is less.  The property was only rebuilt to a vanilla box, not to pre-fire condition, and then sold.  Does anyone know what the effect is, if anything, of the sale of the house on damages.  I have a few thoughts that I am seeking comment on:

1) repair is no longer a practical measure of damages because it was sold and full repairs were not made;
2) Because of the sale, is the diminution now measured by the difference in the market value at the time and the sale or does it remain the difference between the mkt value before the loss and the market value after the loss (essentially the land and utilities in this case);
3) is there a set off for the sale of the residence in either or both cases, whether the award is for repair or diminution?

Thank you


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Michelle M. Krone<http://www.kubickidraper.com/staff_detail11.php?MemberID=33>
Shareholder
Board Certified Construction Lawyer
Direct   (239) 461-8103
Fax       (239) 939-0700
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