Legal Question in Real Estate Law in California

Re: disclosure

You will need to read some of the inspection reports that you received. If they indicated that there were areas that could not be seen without more extensive inspection, and you did not opt to do that, this might be a defense to them and the realtor.

The pest company can argue that the dry-rot occurred after the pest inspection, because it can start in a very short period of time. It would depend on how bad the rot is now.

If you were represented by a real estate agent, call that person (or if they have left the business, their broker). If the agents did a good job of getting inspectons and you signed off on them, your only recourse may eventually be the seller.

Re: disclosure

Please note that this response differs from the prior ones: Due to the length of time since the purchase (and the assumption that apparently the roof was problem-free and did not leak for 4 and one-half years, as you would have discovered the various problems,) you will have a tough time prevailing in court. If you do bring a court action, the only obvious defendant that I see is the seller, absent some proof that anyone else involved KNEW of the defects. You will also have the burden of establishing that the defects did not occur during your ownership. As regards a "mechanic's lien", this is a remedy only available to a contractor or materialman who supplied the work, labor, goods, etc. on a property. As you are the owner of the house here, even were you to be qualified as someone who could avail themselves of a mechanic's lien, I do not think you want to lien your own home!

Re: disclosure

You may have a claim against the sellers who did the roof work. Even though they did the work themselves, they are held to the same standard as a roofing contractor. There may also be a claim against the termite inspection company if the dry rot existed at the time of sale and was not discovered by them. You may have a claim against the real estate agent or broker. You may have a claim against the house inspector if there was an inspection done. You generally do not have any claim against the government in its inspection duties, and you as the owner do not have a mechanic lien claim. The time limit for such an action is short now - one year from when you discovered the problem. I would be happy to discuss this problem with you. Call me at [925] 228-5232.

Re: disclosure

Your legal recourse is to sue someone. If you get an award (judgment in your favor), then you may file/record liens to attempt to recovery the monetary award we call damages. The obvious people to consider suing is the realtor, seller, and inspector(s). You may want to add someone else and drop someone off. However, that's where I'd start. There was recent state Supreme Court Case concerning new home construction and that actual damages must be shown, not maybe someday I'll repair it. I'd read that decision and then go over the check lists for a home inspector to follow to see what the competent inspector is supposed to check.