Legal Question in Real Estate Law in California
What Do I do When I discover problems with the house I bought 2 months after clo
I purchased a house through a Real Estate Agent (REA). It showed signs of needed repairs, REA encouraged me to buy it. Now I discovered that the rear walls wood panels are damaged from water. Also drive-way is cracked & lifted up all over; yard was left in a mess; carpet is loose, worn with stains all over; garage was littered with installed racks all over the walls; water heater leaks; missing screen-doors; Garage door remains opened only when held or propped up with an object (4� x 4� wood); electrical wiring exposed both inside & at the service entrance side of the building. Inspection report showed that the inspector noted most of these faults & recommended additional inspection by Structural Engineer & also additional inspection in all areas of the house & garage that were obscured with seller�s properties on the day the original inspection was made. REA never mentioned any of these listed items to me. On the other hand I was never informed that I was buying the house (As-Is) with all the problems. I do not believe that to be the case either. Finally, I was also not credited any money for these problems.
I know little or nothing about real estate transactions. What can I do now? The Escrow was signed exactly 2 months ago.
2 Answers from Attorneys
Re: What Do I do When I discover problems with the house I bought 2 months after
Whether you have a case depends upon on the terms and conditions of your contract that we would have to review. You should get estimiates to remdedy your problems prior to seeking counsel.
We can help you in your case.
Re: What Do I do When I discover problems with the house I bought 2 months after
The seller and his agent are supposed to disclose problems, but with few exceptions there is no obligation to make repairs.
Your remedy is probably limited to bringing suit against the seller and his/her agent or broker for the cost to repair anything that wasn't disclosed. If you get good estimates and they don't add up to much over $5,000, Small Claims Court is by far your best choice.
However, based on the facts given, which include use of an inspection service, there may not be much here that you can sue for....obvious defects would be considered "self disclosing" in court. The judge would assume that you suffered no loss as to things you could see for yourself, or which were disclosed by the seller, the inspector or the agent, because they would presumably have been reflected in a (lower) price you paid.
You say the REA never mentioned any of the listed items to you. Did you receive a copy of the report before making your final offer, or at least before close of escrow? If not, your case against the REA is stronger. Nevertheless, many of the problems you mention were sufficiently obvious that a judge would not be very sympathetic with your claim for damages now.
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