Legal Question in Real Estate Law in California
we bought a flip house recently "updated" as we start to miving in we found the kitchen had a Roach infestation that was treated but it was negligent clean, there were death roaches, feces, eggs inside the cabinets, hinges draws, we tear the cabinets down and there were more behind teh cabinets in teh wall the whole kitchen was in unsanitary conditions we removed walls and more were found in between the walls we now have to get a new kitchen and a get a contractor which will incurr in expenses we didnot plan since that kitchen supposed to be fully operational, can we demand the seller to pay for damages and the Pest company we use as well.?
1 Answer from Attorneys
You call it a "flip house," by which I suppose you mean the seller had recently bought it from someone else, maybe at a foreclosure sale. In that case, it is somewhere between possible and likely that your seller dodn't know about the conditions you describe, and therefore had no duty to disclose information about them.
Inspectors are difficult to sue, because their contracts, developed over many years of dealing with suits from unhappy buyers, provide so many limitations on liability.
Your best bet might be suit against your buyer's broker, who has an obligation to investigate and report. Even so, a broker or salesperson is not trained in pest inspection and had no access to hidder areas of the house.
How thoroughly did you inspect the house before buying?
I think you should speak with a couple of local lawyers, to see if they think a suit is worth while, but I think the fact that the seller did not himself occupy the house is a barrier to suing him for failure to disclose.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
