Legal Question in Real Estate Law in California

Re: House purchased supposed to have new roof

Most real estate purchase contracts in California contain mandatory arbitration or mediation clauses, which prevent you from going straight to court. If your contract has no such clauses, you may sue the seller for misrepresentation and/or fraud. The seller's agent may also be liable if he or she knew, or should have known, of the falsity of the seller's representations. If you go to small claims court in California you cannot be represented by an attorney and your recovery is limited to $5000.00 plus court costs. If you file in municipal or superior court you can recover more, including punitive damages if you can prove fraud. Fraud means that the seller knew the roof was not new and/or leaked and deliberately misled you. To find out more, visit our website @www.labusinesslawyer.com.

Re: House purchased supposed to have new roof

In California, the law mandates truthful disclosure on the part of sellers of real estate and provides great protection to buyers. Most real estate contracts require alternative dispute resolution, such as mediation or arbitration. The strength of your position will depend largely on what was represented, the terms of the contract, and what you should have known through your own inspection of the property. In addition, if you have damage inside, you may want to contact your home insurer. You should probably have an attorney look at the documents to give you exact advice. If you are in Northern California, please let me know if I can help. If you are somewhere else, let me know and I will see if I can get you a referral.