Legal Question in Construction Law in California
remedies
A contractor ruined my kitchen window repair and mold growth resulted in our home. We had to move out and eventually sell the house because we could not afford the mortgage and rent. We sold the property as-is. I am now told that selling the property could ruin our chances of getting money back. Is this true?
1 Answer from Attorneys
Re: remedies
The sale of the home does not "ruin" (i.e. negate) your ability to prove damages, but it does complicate matters. You would need to present evidence contrasting the "as is" value at the time of sale to the fair market value of the home without damage. Moreover, the sale of the home makes inspections relating to proof difficult. Your real issue is whether you can prove a link between the improper window repair and the mold growth. If you can, the next question is how much the damages claim will be. There are a quite a number of complications and unanswered questions in a complete analysis of this scenario and so I am limiting my response to your very limited question and affirming that you still may be able to demonstrate damages if you otherwise have a case that would be appropriate to pursue.
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