Legal Question in Real Estate Law in California
I bought a mobile home apprx. 4 years ago. Last year I had a plumbing leak under the master bathtub. Ins. came out and informed me after checking it that they would not cover the repair because the plumbing was deffective and had been recalled some years prior. The person I bought the mobile home from failed to disclose this to me and in fact admitted this and went on to say that is why he purchased homeowners ins. for me not realizing that it would not be covered. What is my recourse ?
1 Answer from Attorneys
It appears to be a fraud case based upon the seller's failure to disclose. Was the plumbing defect repair not available to you because too much time had transpired? Who did receive the plumbing defect notice? Did anyone receive a check from the manufacturer to repair the defect?
In addition, the seller could probably be exposed a tort action for negligence brought for not correctly understanding the insurance coverage. The seller made a calculated guess that the insurance would cover what he failed to disclose. If the amount of damages is under $5000, I would suggest you taking a small claims action against the seller. Small Claims packs are available in most county court houses.
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