Legal Question in Real Estate Law in California
Our house just closed and now we find out they didn't do any of the repairs required. We had to sign 4 extensions while they supposedly did the repairs. is there any thing we can do or any recourse for their actions?
3 Answers from Attorneys
Counsel will need to look at the documents. If done properly, escrow would not close unless and until you signed off on your approval of the required repairs. Did you do so?
This could be a case of breach of contract, assuming you can prove an agreement (written or perhaps oral) to do the repairs and failure to do them; and/or possibly a case of fraud if the element of an intent to deceive can be shown, which might be present if you were induced to close escrow upon the seller's false representation that the repairs had been done. However, before you hustle off to court, look at your residential purchase agreement and review the sections calling for mediation of disputes and (perhaps) arbitration if the mediation is unsuccessful.
Well, you were supposed to do a 'walk through' inspection before allowing close of escrow. Apparently, you didn't bother, or didn't notice the condition.
Even so, you probably now still have a right to sue for the damages, which litigation could have been avoided if you hadn't allowed closing with the repairs being completed.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible.