Legal Question in Construction Law in California

Disclosure of structural defects

Hi,

I recently sold my home back in 10/2004 (sold AS/IS), which had been in a class action lawsuit with the builder about 5 years ago. Lawsuit settle out of court, which made any findings ''here say'' as I showed my home I verbally showed things that needed fixing, mentioned the lawsuit & said I would provide the packets compiled from both the defense & plantiffs so called findings. I didn't find packets and am still waiting for copys from original Attorney's handling case.

The current buyers of my home are now saying that I didn't disclose the lawsuit etc...

Basically their word against mine. We didn't use a realtor & the contract reads AS/IS. They didn't have a home inspection done. Now per a section in contract I've received a Demand for Mediation letter, which I need to respond to. Also asks me to submit a list of prospective mediators & times I can attend. I just received this past Saturday & need to respond by Thursday 3/10 @ 5:00pm.

I need help in responding to the mediation, names of local mediators and perhaps if it goes past mediation additional representation. I hope this makes sense.

Thanks in Advance


Asked on 3/07/05, 11:29 pm

1 Answer from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Disclosure of structural defects

You need representation. I find is surprising that you did not mention the suit in the sale papers and disclosure documents. Need to look at all papers, etc. Call if you wish to discuss. Time is of the essence re scheduled dates noted.

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Answered on 3/08/05, 6:15 pm


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