Legal Question in Real Estate Law in California

Hello, I just bought a home 3 months ago. The home went through the normal inspection process, and we were informed of the concerns of the home openly.

I cuple of month after moving in we lukily and randomly had a guest visiting and was out by the side yard and noticed water coming from the wall outside the house. when then had a plumber come out as well was a water damage company to make sure the walls were dry and to treat the "growth".

They opened the wall and noticed that the main drain pipe from the upstairs guest bathroom had a crack in it. both companies indicated that the crack and leak had been present for a while.

We contacted out home warranty and they sent a plumber out who indicated the same thing as the other plumber. /After a week of not getting back to us we finally had to call the warranty company. They ended p telling us that it was not covered by our home warranty because "it was pre-existing" and not "normal wear and tear". I dont understand how a crack in a pipe because of its age is not considered wear and tear on a home built in 1979.

I tried contacting the inspector to also point out that he missed this obvious leak but I have yet to receive a response from him.

We just put down our life savings to get this house and now we are told that its our responsibility to pay which would be around $7000 dollars to repair the plumbing, drywall and the cost of the water damage experts. We can't afford to do this and we have no working bathroom that ha a tub for my child, who takes baths.

This seems to unfair for a buyer who is relying on people to ensure the house is safe and in good working condition. I would understand if it was sold as is and or if I waived the inspection etc. but I didn't.

Anny kind of legal advice to help me with this situation would be immensely appreciated.


Asked on 2/25/22, 3:18 pm

1 Answer from Attorneys

You have a situation that the legalities are driven by the details and facts of the situation. That's not something that can be dealt with in an internet Q&A format. You need to contact a local real estate lawyer.

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Answered on 2/26/22, 11:50 pm


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