Legal Question in Real Estate Law in California

I own a first floor unit in a 3 floors condo complex. My unit was water damaged by an overflow from the upper floor. The HOA Management made an offer to settle based on the lowest estimate HOA obtained. My insurance carrier obtained their own estimate which is twice as much as the HOA is offering. The HOA wants us to sign a General Release Settlement that includes one paragraph for us to waive Section 1542 of the California Civil Code and another paragraph not to divulge the terms of the settlement with others except our legal councel. Should I settle based on their terms? What are my legal rights? Thank you.


Asked on 8/31/09, 6:22 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

If the reapirs can not be completed for what they are offering, why would you? Also, make sure that there is no hidden damage, such as mold, before you sign a 1542 as this is a waiver of unknown claims.

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Answered on 8/31/09, 6:35 pm


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