Legal Question in Real Estate Law in California
we purchased a house on march 2010, we signed "sold as is" ; However there is never open disclosure. after we moved in two weeks, our neighbors told us on our backyard slope, had land slide last year, the part of fence was barred under soil. also we notified there was new crack on hill side concrete. also hot water pipe was leaking under Landry room. rain pipe was blocked, whole yard was full of water every time rain. can i file a lawsuit to get seller to pay all repair cost?
3 Answers from Attorneys
Even though you bought it "as is", if there was some significant hidden defect the seller knew of but a reasonable buyer would not, the seller must reveal that. You probably inspected the house during the dry season so would not know about the flooding problem, but you should have seen that part of the fence was under the soil. So you seem to have a case as to some of the problems; those aspects that you have a weak argument on you might not want to assert. If the problems are expensive enough to repair, you could also attempt to get out of the deal by suing for recession of the contract. It would be worth while for you to pay for several hours of attorney time to determine how strong of a case you have, who can be sued [no point suing someone who you can not collect a judgment against], etc.
Your case is worth reviewing with a local attorney. If either you or the seller used an agent or broker, the attorney should be informed and should consider whether those professionals breached any duty owed to you. Also, look for opportunities to settle out of court, and review the possibility that your homeowners insurance or some warranty might provide coverage.
Between legislative enactments and court decisions "as is" has become meaningless in residential real estate transactions in this state. I believe one court case even says that almost verbatim. The seller and selling broker have a duty to disclose a long list of things by statute, AND anything ELSE that would "materially affect the value or desireability of the property." If they fail to disclose, the only things they are off the hook for are anything that would have been apparent to a reasonable buyer making a reasonable inspection of the property.