Legal Question in Real Estate Law in California

as a very green (ignorant) 68 yr old Senior, if I signed off on an "as is" contract with the seller who was also the agent (which basically meant I didn't have an advocate through the buying process) AFTER escrow, do I have any recourse to make my complaint about the seller/agent's tremendous lack of disclosure (mold, rot, termite damage...the house was basically ready to fall down and I didn't know this)? Also I didn't have my own inspections done...the seller/agent provided me with another prospective buyer's 6 mo. old inspections that turned out to be incomplete now that we're tearing rim joists out! and really getting the picture)


Asked on 6/21/10, 1:52 pm

2 Answers from Attorneys
GianDominic Vitiello Katchko, Vitiello & Karikomi, PC

A seller always has the duty to disclose latent material defects in the property, no matter what kind of deed/contract you sign. In the same vein, a seller cannot conceal material defects (i.e. by providing you with old/incomplete inspections).

Given that you are a senior, this may amount to elder abuse as well. Sounds like you may have a case here. I invite you to contact me further if you would like to continue this discussion.

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Answered on 6/21/10, 5:26 pm
Terry A. Nelson Nelson & Lawless

Yes. Full disclosure is required by the agent/broker, especially when they are also the principle. You may have grounds for lawsuit for damages. Consult a local real estate litigation attorney.

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Answered on 6/21/10, 6:07 pm


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