Legal Question in Real Estate Law in California

Problems with house we bought

We bought a house and were told that things like the sprinklers and the pool heater were all in good working order. Within in 2 months, we found out that the pool heater would be dangerous to use and that the previous owners were told this by the pool man. Furthermore, most all of the sprinkler system was faulty and had to be repaired. Can we do anything to get the previous owners to pay for repairs that should have been done before?

thanks


Asked on 10/22/02, 10:23 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Problems with house we bought

Sellers have a duty to disclose known or readily discoverable defects of certain types; generally this is things that would affect the willingness of a reasonable buyer to buy at the price, but there are many other required disclosures these days. It seems to me that the defective pool heater is clearly something that should have been disclosed, since it affects safety. Problems with sprinklers, if known to the sellers, probably should have been disclosed too, but this is less certain and may depend upon the nature of the problems. A buyer is not necessarily entitled to have every detail of a house in perfect order.

Not only the seller, but also the seller's agent, has a duty to investigate and disclose. You might get quicker satisfaction by bringing these defects to the attention of the seller's agent, who is presumably interested in maintaining his reputation and license.

If, as you say, the seller or his agent made positive assertions that these features were in good order, this is fraud, and to the extent you can prove it you have a much stonger case for damages.

This sounds like a reasonably strong small-claims case and I suggest you research small-claims procedures and consider sueing the seller and his broker. Your main problem will be proving the false assertions to the satisfaction of the judge. Bring in the pool man as a witness.

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Answered on 10/23/02, 1:19 pm


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