Legal Question in Real Estate Law in California

Purchased a home in CA 4 months ago. Just discovered that there is a tree growing into the pool house and causing major cracks/pushing the structure off its foundation (did not come up at all during inspection). The neighbor said that the previous owner knew about it - they talked about it and the damage it was doing/had the potential to do, but they did not disclose this during escrow. Now, seller is saying that they didn't know it was there and causing damage. Is the neighbor's word against the seller's word enough evidence to file a claim or need stronger evidence than 'he said, she said'?


Asked on 3/13/14, 4:50 pm

1 Answer from Attorneys

This is a question with no easy answer as I do not have enough facts. If a owner knew of this to me this is something that should be disclosed. Was this something visible at the time of the inspection? If so depending upon what was visible the home inspector maybe should have noticed this. Do you have a report from an expert in this matter saying what is wrong and the cost of repair? Is this tree root totally underground or visible above ground? If this was a standard real estate transaction then you need to follow any dispute procedures that you agreed to. The contract may also provide for the prevailing party in a dispute to get their attorneys fees. I would suggest that you consult with an attorney if your case has potential value. If you have other questions feel free to call my office.

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Answered on 3/14/14, 7:27 am


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