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I'm planning to sell my house. I have a pool table that is too heavy and old . . . so I want to leave it as a bonus.

However, now that I think about it, I'm concerned. What if this table breaks, and somebody gets injured. It never broke on me, but still this is not a part of the house. So just in case , when i sell the house . . .what if this table falls apart and the new owners get injury , will that be my problem?

Should I ask the buyers sign a liability waiver? Do I have any responsibility for what happens after I sell the house. I also have an outdoor shed. Also a bonus . . .

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If you sell physical property as part of selling the house, the buyer has taken possession of it on an "as-is, where-is" basis.

Provided you have represented all facts as accurately and completely as you can, and both of you have performed due diligence, and boh of you agree to the sale under AIWI, you should have no further liability once the sale is completed. It's their pool table now - they knew what was happening when they bought it and chose to take on the responsibility.

However, that doesn't (and wouldn't) preclude a suit for damages. Almost anybody can sue almost anybody else for almost anything, just by convincing (i. e. paying) a lawyer to file.

Thus, including a liability clause and an acknowledgement of due diligence in the sale documentation is a good protection for you and for them, regardless.

  • I Googled AIWI. what is it? Thank you – Emily Sep 13 '16 at 0:23
  • @Emily See the first paragraph. "As-is, where-is". – Nij Sep 13 '16 at 0:24
  • Oh I see. Thank you . I will make sure the buyers sign a liability close and claim waiver if they want the pool table. Otherwise I'll just donate it to anybody who's willing to pick it up – Emily Sep 13 '16 at 0:27
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There are no "bonuses" in the sale of land.

When you sell land you sell everything that is affixed to the land (like a house or a shed) but you only sell those fixtures that are specifically detailed in the contract. These typically include blinds, curtains, light fixtures etc. If the pool table is not specifically included then, if you don't take it away, you are trespassing on someone else's property. So make sure your solicitor includes these fixtures in the contract.

Once the sale is complete, you are not liable for anything that happens on the land (unless you go there and cause it, of course).

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