Legal Question in Real Estate Law in California
Hi, we bought a home in 2007, the owners son actually sold the house, recently while fixing a wall that was buckling, I discovered the hiuse and shed both had extensive fire damage which was covered up with ABS panels and sheet metal trim, we were never told about this, it was never fixed and we sent a text message to the seller asking the cause of the fire, he replied the owner had set a bag of ashe frome the fireplace outside wich ignited the buildings, can you give me an Idea how to proceed in handling this ? It definetly would have changed the selling price and I feel it should have been fixed, not hidden, and disclosed, as it is definety structural damage.
2 Answers from Attorneys
That thing is a lawsuit. You need to take all of the paperwork from the purchase and see a competent real estate attorney that has handled a fraud/ failure to disclose lawsuit before.
I'd agree that filing, or having an attorney threaten to file, a lawsuit is appropriate here. The defendant(s) should include the seller and anyone else who may or should have known about the damage. Also, give some thought to lining up your expert witnesses (inspectors, contractors, appraisers) and assembling and preserving evidence.
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