Legal Question in Real Estate Law in California

Who is at fault?

My wife and I recently bought a new house January of this year. Although the home was listed by the real estate advertisements (provided by the real estate broker), as air conditioned, the air conditioning hasn't worked for the past summer months. We complained to the real estate company and seller when the heat started. The home builder told us they weren't involved since the house was built and still standing and said to contact the subcontractor and work it out. The subcontractor closed there business due to the ecomony and said nothing could be done. We hired another home consultant who told us the compressor was never installed for the AC unit (we intially hired a consultant prior to purchasing the house who never made us aware of this fact). We recently found out that apparently the real estate broker knew the compressor wasn't installed prior to the sale! Who should be held accountable for this, we are very frustrated with the whole situation.


Asked on 9/17/02, 5:28 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Who is at fault?

The builder is responsible. He hired the sub-contractor.

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Answered on 9/17/02, 6:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Who is at fault?

Usual lawyer practice would be to name everyone as a defendant and let things sort themselves out as the parties make their defenses. You want to avoid litigation, however. As a practical matter I think the real estate agent is the most vulnerable and I would pursue him (the listing broker), especially if their name appears in the advertising that claimed the house is air conditioned. Without a compressor, it isn't!

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Answered on 9/17/02, 5:58 pm


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