Legal Question in Real Estate Law in California

Disclosure Isuue and water leakage

I bought the house and before moving in, found the carpet in family room is completely wet and there is a lot of water under the carpet. According to the seller,never observed and not aware of any such problem.I informed my real estate agent.Home inspector, who did the home inspection found, during the heavy rain the water is coming through the wall or may be leaking through the window. Another contractor discovered that the water is coming from the area where the patio cover is installed. The problem was not disclosed at all in the sellers agreement. It's been a month since the problem discovered. The agent is trying to find out the contractor and get 2-3 estimates for the repair. Till today, she has got only one estimate. I spoke to my real estate agent today morning and asked her to resolve the matter ASAP. She asked me to write a letter to the seller/seller agent, explain the problem and the estimated cost to get it repaired,attached the estimates copy. Is this my responsibility or the my agent responsibilty to follow up with the seller/seller agent to get the repair done? What are my other options to proceed further to get this problem resolved? I am a first time home buyer and would like to get advice. Please help.


Asked on 3/25/04, 3:01 am

4 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Disclosure Isuue and water leakage

You going after the agent? Did you inspect the house yourself prior? Have you read your purchase agreement and found a breach? What kind of deed was involved? Hire a lawyer.

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Answered on 3/25/04, 4:23 am
Larry Rothman Larry Rothman & Associates

Re: Disclosure Isuue and water leakage

You should get complete estimiates of what it requires to get your property in the shape that you expected. We need to review your contract to purchase and your estimates. Sometimes, mediation or arbitration is required. Please contact our office for consultation and review of your documentation. We handle cases throughtout California. 714 363 0220. Fax 714 363 0229

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Answered on 3/27/04, 2:21 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Disclosure Isuue and water leakage

Call as quickly as possible. WE have four like cases now in litigation. Be careful. Do not charge for first/initial visit.

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Answered on 3/25/04, 11:26 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Disclosure Isuue and water leakage

My first question is, why did you buy the house after you found water in the carpeting?

If you have not closed escrow yet, put in a demand that they make all repairs or walk away from the transaction. Also, if you have not closed escrow, you may want a different agent to represent you when looking for another place.

Finally, if you did close escrow, you will need an attorney to help you with this matter. Should be one in your area.

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Answered on 3/25/04, 11:42 am


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