Legal Question in Real Estate Law in California
purchased home previos owner damaged and covered up problems
My wife and I purchased a home in Hesperia, Cal. We had an inspector inspect and walked through with the prev owner. the previos owner did not indicate any problems with the home on the disclosure. When we arrived from Ohio to our new home we found extensive damage to carpet from pets that had been stategically hidden by furniture and rugs. screens missing or ripped, goughed kithen tile, missing draperies and hardware, malfunctioning pool equipement, outdoor lighting, sprinkler system, insects (roaches) dog feces on decks, and many, many others. on the walk through the owner assured us she would clean. We gave her an extra week free and she did not. All the problems and others were asked of her and she assured me all was in good working order. The inspector only checked structural and did not check most things with problems.
The previouse owner deliberately covered up problems. Eq: hand watered all plants with hoses i photographed by accident when I took 4 rolls of photos inside and out for my wife to decorate. covered pet waiste stains with throw rugs and furniture. what are the laws regarding this. What is she responsible for?
1 Answer from Attorneys
Re: purchased home previos owner damaged and covered up problems
The California laws on disclosure are pretty tough, but they are more demanding on real estate agents and brokers than on owners. If there was a seller's agent involved in this transaction, you may have a better chance at recovery. In any case an owner is supposed to disclose anything they know that could affect value or desirability.
If the total impact of undisclosed items exceeds $5000 (the small claims maximum) by a significant amount, you should consult a local real-estate lawyer about making claims on your behalf; also discuss with that lawyer asserting claims against the seller's agent/broker and inquire whether attorney's fees can also be recovered under his/her theory of the case. Many contracts make attorneys fees available to the prevailing party and in order to come out whole you need to recover your fees too.
You should start right away while the evidence can be inspected by appraisers and photographed, etc. for use at trial, and also before any statute of limitations gets close.
I'm also surprised at the limited scope of the inspector's work and wonder whether the inspector might also have breached a duty. Was this a general buyer's inspection or only the structural pest inspection required by law?
I suggest you look up the following sections of the California Civil Code, either at a library or on line: 1099 and 1102 through 1102.17.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
