Legal Question in Real Estate Law in California

Re: Claim Settlement on Disclosure Issue

My sense of the matter is to take the $11K and not risk litigating for the rest. However, as a real-estate attorney I'm more of a deal negotiator than a litigator and it will be interesting to see what my colleagues have to say.

Re: Claim Settlement on Disclosure Issue

Are you kidding me!!! Of course it's unreasonable, it's way, way to low an amount. Based upon just a few things you've said in your question would you accept $1500 to go through that again. Let's talk some sense. Merely because he's an attorney in ahead of the real estate company do not let them take advantage of you. Before you do anything stupid, don't sign anything, don't accept anything see a real estate attorney expert to give you advice as to what your rights are and what your damages actually are so, so that you can demand that from them. If they don't like it, think about putting up a fight. There's more to this than meets the eye.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Claim Settlement on Disclosure Issue

Unless there is some proof that the sellers, the home inspector, and/or the "real estate company" engaged in some form of fraud, I suspect your damages would be limited to your economic losses. In contract actions (which is what this sounds like to me) one generally cannot get damages for pain and suffering, inconvenience, etc., but is generally limited to whatever amount is required to put the plaintiff in the same position he would have been in if no breach occurred. If you actually spent $1,500.00 to resolve the problem in addition to the $11,000.00 required to fix the problem, then by all means ask for the $1,500.00. I would not, however, litigate a claim like this one simply over $1,500.00. Litigation is very expensive, not only in economic terms, but in the amount of time you will be required to devote to the litigation.

The best thing you can do at this point, is make an appointment with an attorney in your area who emphasises real estate litigation. During that appointment, you can spend the time necessary to fully discuss all of the issues in your matter. Only then can an attorney give you a fully informed opinion of your options.

Our firm practices real estate and real estate litigation in Orange County, California. If you would like to make an appointment, please do not hesitate to give us a call.