Legal Question in Construction Law in California

Re: Warranty

Was this a pre-purchase inspection, or just an inspection done in the course of your ownership of the house. If it was the later, I don't see any grounds for liability on his part (aside from the negiligence of having missed the problem) because you already owned the house, and were stuck with the bad floor whether he found it or not. You have to examine what are your damages - not the replacement of the floor, because again, you would have had to replace it whether he found it or not.

If, on the other hand, this was a pre-purchase inspection, and you bought the home on the basis (in part) of his inspection, there may be liability on his part. Consult with a local real estate attorney, and have him or her review your purchase agreement (did you have the right to cancel or demand repair of the Seller if he had found the problem) and the contract with the termite company. Without reviewing those two documents, its impossible to say if you have a claim or not.

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