Legal Question in Real Estate Law in California
When we purchased our home 3 years ago, we noticed a large cactus growing near the front of the driveway that appeared to break up the driveway and push up slightly on the detatched garage. We also have a large eucalyptus tree on the other side of the garage. In our inspection report, the cactus is noted as the likely cause of the driveway cracking and the garage issue on the front of the garage, not mentioning anything about the large eucalyptus. As a result, we negotiated the cactus removal into our purchase. A few months later, we removed the cactus. However, once the cactus was removed, the problem got worse. Within the past year, the eucalyptus tree has very noticeably lifted the foundation of the garage and made what seemed to be a large problem into a huge problem. Now, we are trying to sell our home (not related to the tree, just wanting to cut down on commute to work) and are having trouble because of the tree/garage issue. Can the seller and/or inspector be held liable for this?
1 Answer from Attorneys
You have no recourse against the seller. You knew about the condition and had the opportunity to investigate it to your satisfaction before closing the transaction. They did all they are obligated to do.
You may have a case against the inspector, but you will face three barriers. The first is that you would have to prove that the inspector was somehow negligent in saying the cactus was the "likely" cause, and that you yourself were not negligent in taking "likely" as conclusive instead of investigating further with a foundation expert. Second, you probably signed a contract that limited the inspector's liability to the amount of their fee. Whether that stands up or not it would be asserted as an affirmative defense and would allow the inspector to drag out any legal case. Which leads to the third issue: cost. How much would it cost you to pursue the inspector in court versus just getting the garage foundation fixed, and how much does the garage foundation really affect the value of the property (I bet an appraiser would say some but not much).
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.
