Legal Question in Real Estate Law in California
Disclosure Statement
After 1 week in my new house, I called a plumber which detected root damage and I had to replace my sewer line costing $8,500.00. I sent a letter to the seller and her Realtor (no response) because the disclosure statement states no known problems. I have written proof from her Home Warrantee Company that the seller had 4 service calls within 20 months and had blades cut the roots. I feel that she did not disclose the condition of the pipes to me and would like to pursue action against either her or her Realtor. I had no choice but to have the work done, I have 3 opinions from plumbers stating that the work has to be done. What should I do next ?
2 Answers from Attorneys
Re: Disclosure Statement
I'd say you have a pretty strong case and should ask for a free initial conference with one or more local attorneys -- practicing in your county -- with real-estate or construction defect experience. You may want to sue the broker and the seller. The amount at stake raises a question of whether small-claims court is the better choice, but I would lean toward recommending retaining an attorney and proceeding in regular court.
Most real estate brokers will have insurance to pay claims of this kind, and a well-documented claim may not have to go to trial if presented by an experienced attorney.
Re: Disclosure Statement
You should first write to the agents Broker (the office manager) regarding the problem. Sometimes a real estate agent will play ostrich, and hope the problem goes away. If it is a repurable company, you will probably not have too much problem with them, especially if you can show that the seller had work done on the pipes before.
However, bear in mind, that the failure to disclose here is on the seller, not their agent, unless the agent was aware of the past problems. Real estate agents are required to do a visual inspection of the property, which may not have shown a problem.
Fianlly, most real estate contracts call for mediation and arbitration. A judge will normally require that that happens first.
If you are in the Bay Area, give me a call at 925-924-0100
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