Legal Question in Real Estate Law in California

Damage to property after final walk-through prior to possession
I purchased a condo as my primary residence in San Diego County. During my final walk-through, a termite company, under contract with the HOA was finishing repairs to my balcony. After I signed off, being told escrow couldn't close until all of the termite work was completed, this company ruined my carpet, tracking chemicals throughout the condo. Upon entry after COE, I immediately noticed the bleached spots, and called the company. A worker was there finishing the work and I pointed out the damage. His supervisor checked the damage within the next couple of days and told me it was a good company and that they would do right. His boss, general manager, saw the damage within a week of my possession. After many phone calls to the GM, he told me he would take care of the carpet. However, he now will not take action or return calls. What is my recourse and who is liable: the termite company and/or the HOA?

Asked on 1/26/05, 8:38 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

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Re: Damage to property after final walk-through prior to possession

You may be able to sue both, but it may be better for several reasons to go after the termite company. Have you gotten the HOA involved to contact the termite company and demand payment?

JOEL SELIK Attorney at Law

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Answered on 1/27/05, 10:21 am

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