Legal Question in Real Estate Law in California

Re: Damaged concealed Hardwood floor question

No. You did what you are supposed to. If you have homeowner's or renter's insurance, contact your agent or insurer if the buyer actually sues you. You might want to invest in the cost of having a lawyer write to the buyer telling him you are not liable.

Re: Damaged concealed Hardwood floor question

In my opinion absolutely not. You did everything. Disclosure of stains uncovered floors leaves the burden on the inspecting party to discover those stains. If you can show that the carpeting was in the residents of the full time you were there any did not know about the stains you're not done anything incorrect, fraudulent or have breached the agreement anyway. Not only that, but I would born in the you're right to file a counterclaim afterwards for malicious prosecution as well as abuse of process is eight wish to proceed in the situation. I would imagine the stains in the floors are below stains in the carpet. If there were stains in the carpet that should've told them they should inspecting closer. Additionally, all you have to do is usually unless the stain is so bad, is sand the floor, restated and then finalize. $9000 seems an awful lot for that since new floors cost approximately that much in some instances. My advice, get an attorney immediately to answer the situation and protect you.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: Damaged concealed Hardwood floor question

One of the great things about LawGuru is that you can get answers from three (or more) attorneys who essentially agree with one another, but each answer adds a little different dimension to the overall response.

I agree that you met your disclosure obligation and are not liable. I would like to add three thoughts. (1) The purchase agreement probably contains an attorney fee clause, so if you have to go to court and win you'll likely be awarded your costs of defense. (2) The purchase agreement MAY contain an arbitration clause requiring this dispute to be arbitrated; the parties can waive arbitration but unless the suit were cut back to $5,000 and (re)filed in Small Claims, arbitration would be faster and probably cheaper, and the attorney fee clause probably still applies whether you defend in court or at arbitration. (3) Did you employ a licensed real-estate broker (agent) to handle the sale, and if so, are they also named as a defendant? In some respects, the broker's exposure is even greater because, unlike the seller who need only disclose known matters, the broker (or agent) has a responsibility to investigate as well as to disclose -- so if there were a broker, coordinate as appropriate.

The suggestion to have your homeowner insurance defend you is sound, but it may be preferable to see if a letter from an attorney will blow this suit away, because your future insurance rate may be affected if you make a claim.

Re: Damaged concealed Hardwood floor question

A threat does not always mean a lawsuit. When you are sued, our firm would be happy to review all of your documetnation and will consult with you at an appointment in order to explain your rights and liablities.