Legal Question in Real Estate Law in California

Re: Leaky roof

The seller and the seller's agent have a duty to disclose anything materially affecting the value, but obviously they don't have to disclose things they don't know about. The buyer's agent has a duty to make a reasonable investigation into many factors affecting the suitability of a proposed purchase for the buyer's needs. The inspectors' duties are to perform competently the scope of work described in their contracts.

I think you would have an uphill struggle to pin liability on anyone here. There don't seem to be any facts sufficiently showing that there was a breach of duty or a failure to disclose a known problem.

One thought that occurs to me is that you might try to contact the painters and inquire whether one of their jobs in repainting was to cover up water stains or if they did any other water damage cosmetic repair work. That could give you the smoking gun clue you need.

Re: Leaky roof

In California, sellers of real estate and their agents have an affirmative duty to disclose all issues, defects, conditions and problems with a property listed for sale. If they are aware of a defect and fail to disclose that in their mandatory disclosures, that is actionable (fraud, negligence, misrepresentation, etc.) and a purchaser could recover for the cost of the repair, costs, attorneys fees and other potential damages. It is VERY VERY unlikely that the seller was unaware of this leak, and likely there would be insurance to cover this claim. I would be happy to discuss this case with you, I have experience handling these matters.

Cary Kletter