Legal Question in Real Estate Law in California

First get estimates as to how much it will cost to fix the roof and how much damage it has caused. Take a lot of photographs. Read some books on the topic, especially Nolo Press. Contact the realtor who represented you, if any, and see what they can do. Have them contact the seller's agent and find out what they are willing to do. If that offers no relief, write to the seller laying out the facts and damages. See if you are covered by any warranties or home owner's policies.

You can sue in Small Claims Court for up to $7,500 in damages; you can get more in Superior Court but it takes much longer and is more costly. Send a demand letter with a time limit to respond to all who you might sue. If someone made an inspection for your side, sue them also. If your realtor did not do a proper inspection as they are supposed to do, you might want to sue them. Name the seller and their agent as defendants. The Complaint is relatively easy to fill out.

You might want an attorney to help you with some parts of the above procedure. If you do, I charge $100 per hour as I am semi-retired, work out of my own home, and feel legal

fees charged by the average attorney are too high.

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I'm not sure how much damage you have, but it may be more than the $7500 limit for small claims court. I suggest speaking to an attorney who handles issues like a failure to disclose. He or she is going to want to see your purchase and sale contract, and any written disclosures you were given, in addition to any estimate to repair the damage.

Failure to disclose cases can be tricky, because you have to prove the seller knew about the problem. A seller does not have a duty to deliver a perfect structure; in fact they can deliver a condemned building as long as the buyer knows that's what they're getting, OR nobody knows about the problems. The seller also does not have a duty to disclose anything that they do not know simply by virtue of living in the property and taking a look around, meaning they do not have to bring in inspectors except those called for in the contract, or probe into walls, roofs or ceilings, etc. The classic case for roof leaks is where they painted over water stains on ceilings or walls. That's an easy case. In most cases, however, the seller just says "it never leaked before, must be the first time," and it's their word against yours. Then you have to find neighbors who heard them complain of leaks, or look for indications that they had roofers out to look at it. I have over twenty years in the real estate and construction law field, and maintain two facilities in the Sacramento area to serve Central Valley clients. If you would like to meet with me for a no-obligation consultation, to go over the specifics of your situation and some recommendations and options for dealing with the issue, please feel free to give me a call or send an email to schedule an appointment.