Hey everyone, so my cinema camera (Blackmagic Ursa mini 4.6K) recently had one of the SDI video out ports break, in addition to the screen having some flickering issues which I'm not sure is related or not. The camera is about 5 years old and is discontinued, and cannot be repaired by the manufacturer due to it being too old. I'm hoping to get it replaced with a new camera that is "of like kind and quality". I have a film equipment specific policy with Athos Insurance, so I submitted a claim and they denied it based on 3 clauses in the policy:
- Mechanical Breakdown (This seems vague, not sure how to interpret this, but since the damage has a specific cause it seems like this wouldn't apply)
- Wear and Tear (which I don't believe applies since it was caused by a specific incident, which I will explain below)
- Hidden or Latent Defect
The issue was caused by a short that blew out the SDI port. This is a common problem with all cinema cameras that use the SDI standard (almost all) and there are procedures to prevent it from happening. However when it broke and when I submitted the claim, I didn't know that. And I'm pretty certain the adjuster doesn't know that either and so is assuming it is a defect.
I have two questions. What is the actual meaning of Hidden or Latent Defect? Is there any specific language I can use to make a better argument?
And secondly, my thoughts so far are to respond saying I've done additional research, and it looks like this was user error on my part that caused the damage, which should be covered based on my understanding of the policy. Is this the strongest argument I can make?
My policy is based in New York, however the damage occurred in Utah.
Thanks everyone for any insights!
So my client purchased a house and seller did not disclosed material latent defect. There was a water leak from the wall in basement in storage room. When we went for inspection, they filled up the storage room with bunch of luggage. There was no possible way to see it. Even in MLS they did not mention anything about that water leak. Upon bringing in the contractors, they told my buyer that this leak is an old one and it will cost $15k to fix it. Now what options do my client has? Is there any kind of warranty that covers it? And oh by way, not sure if this is important but its been 2 months already since my client moved in.
I'm in the process of selling my house to move into rented accommodation and I'm a couple of weeks away from exchange/completion. The buyer is a cash buyer who has visited the property a couple of times for viewings and to measure up, but he's had no survey or building inspections done.
When the process began I believed that "caveat emptor" applied to selling houses in the UK and that I had no obligation to disclose any known issues with the house unless specifically asked, but I've since learned that I have to disclose "latent defects" to the buyer (as detailed here, and in many other places on the internet). What I don't know is whether the issues I know about are "latent defects" or not.
The issues I have with the house are:
- The shower tray is cracked. I noticed this a couple of years ago when I saw water on the ceiling below the shower. I traced it back to a cracked shower tray and applied some waterproof tape to the crack, painted over the small water mark on the ceiling and there's been no more issues since then. Every 6 months or so I replace the tape when it goes a bit mouldy round the edges.
- Included in the sale is a garage in a block of garages roughly 30 meters from the house. The block was built in the 60s and has seen better days. My issue is that the garage roof leaks; the previous owner of the house had tied a big red tarpaulin to the beams inside which collect the drips, and every so often (particularly after really heavy/sustained rainfall) I go and "push" the water along the tarp and out of the garage.
What I don't know is whether either of these are classified as "latent defects"? My solicitor has basically said "it's up to me to decide whether I disclose them or not", and it's been really weighing on my mind as I can't really afford to fix the issues but I can't afford to be sued either.
I don't know if it matters but the buyer has never seen inside the garage on any of his previous visits, all he really asked was for me to point out which garage door was "his" so he's unaware of the red tarp/leak.
I appreciate any advice/thoughts given.
Edit: forgot to say I'm in England.
https://www.theregister.com/2020/10/02/microsoft_azure_bug/
I purchased a product way back in September 2018. It failed the first time within 5 months, the second time within 12 months (from purchase), and as of this weekend it just failed for a 3rd time (16 months from purchase). The previous 2 times it was repaired or replaced under manufacturer warranty. All 3 times it has failed due to the same physical problem which cannot be attributed to damage or any other misuse.
Given this appears to be a defect in the design or manufacture of the product causing it to frequently fail do I have any rights to demand a full refund?
Thank you.
When I purchased my apartment in England in December 2017 it came with a latent defect policy with Alpha Insurance A/S. Unfortunately, this company went into administration in May 2018, as documented here: https://www.fscs.org.uk/failed-firms/alpha/
The FSCS sent me a cheque as compensation for about £300
The directors of the management company of the apartment block held a meeting where a vote took place for the options going forwards. Option one was for the entire apartment block to be insured, option two was for individuals to decided whether to insure their own apartment, and option three was to take no further action.
About 20 people voted 'for' insurance (whether this was option one or option two I don't know). 2 people, including me, voted to take no action. About 18 people did not vote.
I then receive a letter demanding that I pay over £1300 in order to contribute towards insuring the whole apartment block.
I rang the management company and asked on what legal basis I had to pay this. They referred me to a section of my lease agreement as shown here: https://imgur.com/9sTFqJ8
I also asked whether any money would be taken from the pot that has been building up from all of our monthly service charges. They said there's only about £5000 in that so it would be left as is.
I would be incredibly grateful if someone can advise me on whether I have to pay this.
If I do have to pay it, would I also need to pay it in one lump, or could I spread the cost over the 10 year policy?
So my wife and I helped our daughter and fiancé buy a house. They moved in last week and Friday the water was all yellow. They called the water company that they rent the conditioner from and the owner told us he’s been telling the sellers that the well is basically dry and that it needs to be replaced. She kept telling the guy she didn’t want to hear it. Long story short a new well is 3-5k. Since they knew and hid it from the realtors what recourse do we have ?
We’ve contacted our realtor and he’s livid.
The water softener guy has several tickets that he will give us as well as testify if needed.
The sellers realtor said she didn’t know but we are suspect.
They did tell us the well had a issue but just needed a UV light. (They did not use the water guy they used for the softener)
Any help, ideas, anything would be great
First time poster so thank you for your time!
I live in a leasehold new build flat in England in a block of 41. 3 years in I get a letter to say the latent defect policy that the developer originally took out is no longer valid as provider Alpha have liquidated. I understand that this probably invalidates our current mortgage and will make it almost impossible to sell the property or remortgage without a replacement policy. Who’s legal responsibility is it to replace this policy. The management company say it is us, the (41) leaseholders, but I feel it must be the developer or the freeholder was owners of the actual building that the insurance policy covers!
My family purchased a home and moved in about two months ago. Since then we've noticed several major issues that could not have been found upon reasonable inspection but that we believe the sellers knew about and failed to disclose. (The sellers were investors/flippers who did a somewhat extensive renovation to the house).
Issue 1. The master shower leaks through the shower pan and there is extensive water damage to the subfloor visible from the basement room below it. The sellers installed a drop ceiling in the basement so this damage is not readily visible and the inspector was not under any obligation to remove the drop ceiling to inspect above it. The water damage is evidence of a long term leak, at least a couple years.
Issue 2. After a heavy rain shower we discovered the roof was leaking into the wall of the master bedroom. Upon removing some drywall and trim we discovered extensive water damage - rotting studs and disintegrated insulation. Again, this was obviously old water damage caused by years of leaking. It's inside the wall so not something we'd expect the inspector to find. However, upon removing the neighboring section of drywall we found new construction where the sellers had turned a door into a window. Their new studs and framing butted directly into and around the rotten wood.
Issue 3. All listing materials for the property referenced Hardie plank siding (a durable and expensive concrete siding). Our inspector noted the house to be concrete siding, and the bank appraiser also noted the house to be concrete siding. There were some communications between our agent and the seller and the information we received was that the whole house had been redone with concrete siding. After living in the house about a month I noticed that some of the siding didn't look like the rest and upon closer inspection we found that only about 30% of the home is concrete siding. In most areas it is the bottom third of the exterior so when you walk up to the house you see concrete siding and about as high as I can reach with my arm is concrete siding. Above that it's wood siding that's past its shelf life but it's all got a new coat of paint to match the concrete siding.
We are convinced that the sellers knew about both water damage issues based on the drop ceiling they did in the basement and the new construction they performed in the master bedroom. We are also convinced they misrepresented the siding material.
Our first course of action was to get qu
I sell flooring and we had a customer that purchased a home less than a year ago and wanted us to install laminate flooring. Their subfloor was very un-level and they would have to repair that first. It turns out the previous owner or realtor had encapsulated the crawl space prior to sale of home but hadn't repaired water damaged joists so they essentially made sure it would get worse.
I don't know what the resolution of this particular case will be but it's likely that the seller or realtor will be held responsible for cost of installing steel joists and remediating water damage and they were unaware of this option.
I closed on a house in the end of September. As i was moving my furniture in, the next door neighbor alerted me that the owner received a violation from the city for having a parking area that was greater than the front yard area. She received that letter 6 days before closing and the title search my lawyer did never showed the violation. I was able to obtain a copy of the letter from the city and it was issues 11 days before closing. We are now required to remove the parking area. I believe this will cause my property value to drop since I will be losing 2 cars worth of parking. Does this fall under a latent defect, and do I have right to recovery from the seller of the property?
Hi everyone, hope I'm posting in the right place
We closed on an older (~35 years) home in early July, so we were expecting some issues. The owners was gracious enough to leave us receipts for some of the work they had done to the home. One of these receipts were for some foundation/crack patchwork they had done in the laundry room and the installation of a sump pump.
We had the home inspected and the inspector didn’t noticed anything out of the ordinary that we couldn’t see with our own eyes. There were some patent defects (i.e visible defects) so we made the informed decision to proceed with the purchase.
Fast forward to when took possession of the home.
We removed the basement carpet and noticed it smelled and there were some wet spots. We figured this was normal with an older home/older carpet so whatever. Then we explored the option of installing a window in the basement, so we took off the drywall and saw a big problem…a large crack in the foundation from top to bottom (where foundation meets the attached garage). When the house was being sown, this room had boxes and furniture in the area of the wall which made it impossible to see or feel the carpet
We called some foundation repair guys to fix the crack, which they did. But in the process, they noticed that the entire weeping tile surrounding the home was clogged with roots, which they said would be the reason the old owners installed the sump pump this past spring (right before they listed the home for sale)
So what was originally a ~$3000 crack repair job has turned into a ~$30,000 crack repair/excavation around the home/waterproof/weeping tile replacement job. They even had to break our garage floor and excavate down to the bottom to replace that piece of the weeping tile system
So, my question is…anyone have success with latent defect lawsuits (Ontario, Canada)? I know “Buyer beware” is at play in all real estate transactions, but with a crack big enough to put my hand in and the fact that they installed a sump pump prior to putting the house on the market leads me to believe they or the plumber or even the real estate agent knew something was up.
TL;DR…Bought an older home only to discover a cracked foundation and clogged weeping tile system. We’re in for ~$30,000 worth of repairs so far
The other day I posted about Kelly Roofing installing my 28KW Tesla Solar Roof in Manatee County Florida and using some drywall screws on the job.
I have put two videos on YouTube so far and more will be following:
Video 1 Link : https://youtu.be/DP4kpAMnOOw Video 2 Link: https://youtu.be/Bz4VxYw1Yqk
There have been so many great people commenting and asking questions and I am grateful. One recurring comment I have seen regarding my installation problem is that Tesla quality is low and common. The quality problem I am experiencing is not a Tesla quality problem.
THE TESLA SOLAR ROOF PRODUCT I SEE ARRIVING HERE IS AMAZING. The installation of the product by a Tesla Certified third party installer (Kelly Roofing owned by Ken Kelly) is the biggest problem I see.
To help understand situation I think about it this way. I purchase a motorcycle part or something like it that needs assembly and hire a mechanic who is certified to do the work. When it's being assembled the instructions ARE NOT followed and the person assembling TAKES SHORTCUTS to speed the process. Once assembled/installed it is nothing like I purchased, there are now pending/latent defects, and doesn't look or work properly and I am disappointed. I am not disappointed with the parts and pieces because they were all perfect...before the person assembling them started handling them and reimagining how they should be installed. The problem is not the parts or pieces, it is the assembler of those parts and pieces that has resulted in this outcome.
Thank you again for commenting. Please share my video with others to help inform them. I will be making another video in the next few days to further demonstrate the issues with the assembler (Kelly Roofing)...you will continue to be surprised by the care of handling and installation you see.
Just moved in our new house and noticed the radiators are not heating up when we turn on the thermostat. The house has bi-energy system (gas and electric). The inspector we hired before signing could not inspect it since the garage where the heating system is located was filled with previous owner’s stuff. A gas company technician came by this morning to check and said the machine is broken and it wasn’t installed properly in the first place and it wouldn’t be worth it to repair since most parts are discontinued (House was built in 1971). Best to just scrap the whole thing and install a new one which costs $$$ . What can we do? So stressed out because we offered almost 100k over asking and we’ve already spent so much on renovations/ furniture to make this place more livable.
EDIT: It’s our first house so we don’t know much about home owner/maintenance. Our realtor didn’t seem alarmed when we did the inspection. The house has legal warranty when we bought if that means anything. I feel very much like we were taken advantage of.
EDIT 2: Thanks for all your input. I hired an electrician to install lights and then he noticed that the brakers for the furnace is off. He turned it on and surprise surprise the electric furnace does work. I can’t believe we were almost fooled to purchasing a gas furnace that costs $$$. I saw the gas technician take a look at the electrical panel during his visit but I didn’t really know what he did. I am just appalled how they took advatage of our lack of knowledge about owning/maiintaning a house. We lived in an apartment prior to this place but it was heated by our landlord so we never learned how to deal with basic things like furnaces.
I don't want to step on anybody's toes here, but the amount of non-dad jokes here in this subreddit really annoys me. First of all, dad jokes CAN be NSFW, it clearly says so in the sub rules. Secondly, it doesn't automatically make it a dad joke if it's from a conversation between you and your child. Most importantly, the jokes that your CHILDREN tell YOU are not dad jokes. The point of a dad joke is that it's so cheesy only a dad who's trying to be funny would make such a joke. That's it. They are stupid plays on words, lame puns and so on. There has to be a clever pun or wordplay for it to be considered a dad joke.
Again, to all the fellow dads, I apologise if I'm sounding too harsh. But I just needed to get it off my chest.
Whenever it rains heavily, we get a small trickle in our basement. Think like, one glass of water split on the floor. I’m pretty sure it’s a cove joint leak. It probably happens 6-8 times a year. Mainly during heavy snow melt in the spring.
What are our legal requirements? We don’t have the money to fix the problem, as I’ve seen quotes for $20,000+
TIA
Edited to add: we are considering selling in 2-3 years, so we don’t have a realtor
Do your worst!
I'm surprised it hasn't decade.
They were cooked in Greece.
For context I'm a Refuse Driver (Garbage man) & today I was on food waste. After I'd tipped I was checking the wagon for any defects when I spotted a lone pea balanced on the lifts.
I said "hey look, an escaPEA"
No one near me but it didn't half make me laugh for a good hour or so!
Edit: I can't believe how much this has blown up. Thank you everyone I've had a blast reading through the replies 😂
It really does, I swear!
Because she wanted to see the task manager.
Heard they've been doing some shady business.
but then I remembered it was ground this morning.
Edit: Thank you guys for the awards, they're much nicer than the cardboard sleeve I've been using and reassures me that my jokes aren't stale
Edit 2: I have already been made aware that Men In Black 3 has told a version of this joke before. If the joke is not new to you, please enjoy any of the single origin puns in the comments
VLCKD: a real time safety study in obesity
Luigi Barrea, Ludovica Verde, …Giovanna Muscogiuri
Journal of Translational Medicine volume 20, Article number: 23 (2022) Cite this article
https://translational-medicine.biomedcentral.com/articles/10.1186/s12967-021-03221-6
55 Accesses Metrics details Abstract
Background Very Low-Calorie Ketogenic Diet (VLCKD) is currently a promising approach for the treatment of obesity. However, little is known about the side effects since most of the studies reporting them were carried out in normal weight subjects following Ketogenic Diet for other purposes than obesity. Thus, the aims of the study were: (1) to investigate the safety of VLCKD in subjects with obesity; (2) if VLCKD-related side effects could have an impact on its efficacy.
Methods In this prospective study we consecutively enrolled 106 subjects with obesity (12 males and 94 females, BMI 34.98 ± 5.43 kg/m2) that underwent to VLCKD. In all subjects we recorded side effects at the end of ketogenic phase and assessed anthropometric parameters at the baseline and at the end of ketogenic phase. In a subgroup of 25 subjects, we also assessed biochemical parameters.
Results No serious side effects occurred in our population and those that did occur were clinically mild and did not lead to discontinuation of the dietary protocol as they could be easily managed by healthcare professionals or often resolved spontaneously. Nine (8.5%) subjects stopped VLCKD before the end of the protocol for the following reasons: 2 (1.9%) due to palatability and 7 (6.1%) due to excessive costs. Finally, there were no differences in terms of weight loss percentage (13.5 ± 10.9% vs 18.2 ± 8.9%; p = 0.318) in subjects that developed side effects and subjects that did not developed side effects.
Conclusion Our study demonstrated that VLCKD is a promising, safe and effective therapeutic tool for people with obesity. Despite common misgivings, side effects are mild, transient and can be prevented and managed by adhering to the appropriate indications and contraindications for VLCKD, following well-organized and standardized protocols and performing adequate clinical and laboratory monitoring. Background
There is increasing evidence that obesity has reached an epidemic rate. In 2016, more than 1.9 billion adults over the age of 18 were reportedly overweight and more than 650 million adults were obese [1]. Obesity significantly increases the risk of developing chronic diseases such as
... keep reading on reddit ➡They’re on standbi
A play on words.
