Legal Question in Real Estate Law in California

Re: Non disclosure

You should have received with your documentation 8 set of disclosures about the condition of the property by the prior owner. If within those disclosures they did not disclose the problems with the bathroom you have substantial rights against them. There may be other circumstances which affect your rights, for instance if you took the property in an "as is " condition, if you had inspectors who failed to properly tell you of the problems with the bathroom or if you waived inspections. My immediate advice is see an attorney who specializes in real property law in the county in which you live. If your new and Fromm out-of-state and do not know of such an attorney call your local Bar Association, attorney referral division, and ask for a real estate specialists. Get 2 to 3 names so you can interview them and find one that you like. While this is not an open and shut case since you have failed to give me any fax whatsoever you must seek the advice of an expert in this area to completely determine what rights you have and specifically what course of action would be most reasonable inefficient for you in the situation.

Re: Non disclosure

If the old owners were also occupants, i.e. not absentee owners who were renting, they would be presumed to know about these defects and in failing to disclose they have almost certainly made themselves liable to you for your damages in consequence.

Further, if the sellers employed an agent, the agent had a positive duty to investigate and disclose problems of this sort; this is true whether or not the owners are absentee.

You would have a strong case against both seller and agent in small claims court (or superior court if the repairs are substantial in dollar amount).

Re: Non disclosure

As stated sellers and their agents have a duty to disclose defects that would materially affect

First of all, you need to assess your damages to determine how best to proceed practically.

You should note that "as is" language in a realty sales contract does not shield the seller or its agent from liability for affirmative or negative fraud.

We can likely assist you with your case; yet, without more information regarding the facts of your case, it is difficult to determine your best course of action. If you are in the northern or southern California metropolitan areas, please contact us via telephone or email us at [email protected] and someone will assist you.