Legal Question in Real Estate Law in California
Disclosure Failure
When I bought my house the inspection turned up a 'drainage problem'.
Well it turns out that when it rains the backyard floods. When I
approached the seller she admitted that there is a drainage problem and
I should have seen it looking at the slope of the backyard. The drainage
expert said there is no way she wouldn't know the extent of the
problem. She refuses to help out. Do I have any recourse.
3 Answers from Attorneys
Re: Disclosure Failure
This should have been disclosed when property sold. This is a large portion of the litigation in which our firm is involved. Since she is uncooperative, it appear necessary to pursue this. Purchase may have required mediation/arbitration prior to or as an alternative requirement to actual litigation in court. If not followed as required, may limit collection of atty fees. Call to discuss.
Re: Disclosure Failure
Yes, you can sue her for breach of contract and fraud. Gather all of your purchase and sale documents and take them to an attorney as soon as possible.
Re: Disclosure Failure
You mentioned that the inspection turned up a drainage problem. Was that inspection before you purchased the house? If it was then you knew about the drainage problem when you purchased the property. This would at least weaken your claim that she failed to disclose the problem.
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