Legal Question in Real Estate Law in California

Home issues not inclosed in disclosure form at selling

Our home was purchased back in June of 2001. Since then we have had our plumbing go bad. In the process of attempting to fix it we have come to learn that our home has ''Qwest piping'' and is against home regulations to have it. It was never disclosed to us when closing escrow and we have found out that the original home owner had till 2000 to have it replaced for free. Where can we start to either see if we still qualify to have it replaced or take steps in the fact it wasn't disclosed to us to begin with?

Thank you


Asked on 4/08/02, 6:57 pm

3 Answers from Attorneys

Re: Home issues not inclosed in disclosure form at selling

I would start buy calling your homeowner's insurance representative. If they cannot take care of it (or guide you to a free repair), you should probably sue the seller.

Feel free to contact me if you need more assistance.

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Answered on 4/08/02, 7:19 pm
Victor Hobbs Victor E. Hobbs

Re: Home issues not inclosed in disclosure form at selling

Check with a plumber also to get a handle on the costs. And what state agency is in charge.

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Answered on 4/08/02, 8:21 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Home issues not inclosed in disclosure form at selling

Proof that the owner knew, and still didn't disclose, will be very important. You should complete and preserve your documentation of this. Also, the suit should name both the buyer's and the seller's real-estate professionals. Finally, I recommend not waiting too long....while there may or may not be a statute of limitations problem, you have witness recollection and dispersal of the sale proceeds issues to be concerned about.

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Answered on 4/08/02, 8:25 pm


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