Legal Question in Real Estate Law in California
Disclosures
I purchased a house about 2 months ago, and had an inspector come out to inspect the house. Certain things were found that the pervious owner and I compromised on, but on that day, it was not raining. The most inportant was that there were two windows that need to replace, which was taken care of. Now that it is raining I have a leak in my house by were the windows was replaced. I called the Realtor and she informed me of the Glass Company that put in the window. I gave them a call, when they came out and stated that the window was not leaking it was the patio door. The person from the Glass Company also stated that he was the person that installed the window. While installing the window he had noticed a crack by the patio door, asked the wife of the owner if they had any problems with leaks, the wife stated no and do not fix it if going to cost extra. What should I do? Should the previous owner be responsible or realtor or am I? I can not get another company to come out do they fill, it is the responsibility of the first glass company.
1 Answer from Attorneys
Re: Disclosures
It would not appear to be the fault of the realtor, unless it was something that could be seen in a visual inspection. Remember, he/she is not a glass contractor.
The seller may have some liability if she was aware of past leakage. Did the glass company make a notation on the repair work order? They usually do if they notice something else, in order to save them from any liability. If so, did you see a copy of the finished work order?
This is one of those "could go either way" things. How much is involved? If under $5K, go to small claims, and let the judge decide.
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