Legal Question in Real Estate Law in California
Action against seller or agent?
we bought a town house several months ago and recently we found that the bath shower was not intalled properly and water leakage has caused damages to both the wall and floor.
Our home insurance found out that the problem was caused by the poor installation by the selling(or his contractor).
What will be correct cause of action here?
Thank you very much
1 Answer from Attorneys
Re: Action against seller or agent?
You really have two questions here: (1) whom to sue, and (2) what is my cause of action?
I think most attorneys would advise naming both the seller and the seller's agent as defendants, along with some unknown "Doe" defendants in case the identity of someone at fault is discovered later.
The suit should allege failure to disclose and probaly also some claims based upon warranty and negligence theories.
Don't neglect to try to settle before bringing suit. During the attempt to obtain a voluntary settlement, you may learn facts (e.g. identity of the contractor) which will be helpful in preparing a suit, if that becomes necessary. While doing so, keep in mind that a statute of limitations will eventually kick in.
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