Legal Question in Real Estate Law in California
Disclosures when real property is sold
My family sold our condo. The buyers paid for an inspection. The inspector noted the bathroom needed caulking. The buyers stated they would take care of this and initialed that area on the inspector's paperwork. They also bought home protection insurance in case anything happened. The buyers did not take care of the caulking and the upstairs bathroom leaked causing damage to the lower level. They are asking for damages. Because they signed the inspection indicating they were aware of the problem, plus bought a home protection insurance plan, would this not dissolve any liability on our part? They are asking for monies for repair plus the furniture that was damaged when the water leaked through from the upstairs to the downstairs.
2 Answers from Attorneys
Re: Disclosures when real property is sold
The home protection plan does not cover this type of incident. It only covers appliances, heating systems, plumbing, etc.
You are required to disclose those things that you are aware of. If you knew of a problem, other than the caulking problem, that would have led to this kind of a leakage, you would be required to disclose it.
If it was the caulking that failed and caused the problem, the buyers assumed the risk, and would have a difficult time making you liable.
If you had a real estate agent represent you, call them immediately.
Re: Disclosures when real property is sold
Anyone in California can sue anybody if they have the filing fee. If the Buyer knew of the problem and acknowledged it, then the agreement would indicate who would be liable for any such problems. If your agreement is clear, you should win.
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