Legal Question in Real Estate Law in California

Disclosure of fixed and unkown problems

We are planning to sell our house soon. We bought new and had many minor issues fixed by the builder. Some were larger but were fixed. For example, we had many loose floor tiles and bad grout but was finally fixed. Do we have to tell buyers about it?

We also have a floor on slab that was not floated correctly so it slopes outside of code (1/2 inch in 8 ft) but we have a letter from an engineer saying it is only cosmetic. If the builder fixes it and refloats it do we have to tell buyers about it?

Finally, we know of others in the development with water seepage through their slab. The slab was possibly improperly poured. But we have never had any problems with our foundation any other water issues. Others may also eventually file a lawsuit against the builder for it. So what do we have to disclose since we have never had any of these issues with our own home. What we know is all just from people talking in the neighborhood.

Thanks!


Asked on 3/01/00, 12:36 pm

1 Answer from Attorneys
Christopher Enge Law Offices of Christopher J. Enge

Re: Disclosure of fixed and unkown problems

This answer assumes your house is in California. I have a case representing the buyers of a home where we can prove the seller knew of problems that were not disclosed. The seller is in big trouble, with exposure for fraud, attorneys fees, and punitive damages. Most real estate attorneys and professionals advise to disclose if there is any doubt. To be safe, you should disclose everything on your list. You can certainly mention that you have had work performed, that an engineer said the slab was not a problem, and that you do not yet have the same problems as your neighbors. You should also be aware that an "as is" clause will not get around the disclosure obligations. I know this is probably not the answer you were looking for, but I hope this helps.

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Answered on 3/14/00, 11:06 am


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