Legal Question in Real Estate Law in California
Do we have a case?
We bought a home in Lancaster CA in 2001. In the first few months it was found that the Home Inspection was done with multiple errors - to the point that the Home Inspection company actually paid to fix the problems, one of which was some electrical wiring in the home. Now in the past 2 months we discovered 1) while attempting to replace our Hot Water heater that it was not installed to code when they put it in, (and it cost us about $600 just to be able to install the new water heater - & that doesn't include the price of the water heater itself). In the last week we have found more wiring problems in different areas of the house and now fear that the whole house is wired incorrectly (The house consists of the original house and an add-on consisting of a 'great room' and a dining room.) Do we have any recourse to A) the Inspection Company, who claimed the Water Heater was fine, and already admitted to making errors and paid for electrical repairs in the living room. or B) the previous homeowners, who built the house and the add-ons.... or both? Thank you.
1 Answer from Attorneys
Re: Do we have a case?
If you were replacing the water heater because it was old, what damages did you suffer from it not being installed correctly. None that I can see.
You do have a cause of action against both for the improper wiring, but it might be barred by the statute of limitations. You might have to allege that the former home owners committed fraud in selling the house with those defects and you found out less than two years ago so you are not barred.
I think you need to consult with an attorney who handles constructions defects.