Legal Question in Real Estate Law in California

Real Estate agents

We purchased a home as is with stipulations stating that the unit must be in a clean move in condition with at least one operating bathroom and functioning appliances, a habitable unit. The agent turned over the key to us and the place was filthy. No one wants to go after the previous owners due to his dangerous mentality. Also they did not disclose a leak in front of the house leading to the main water line. They claim they did not know. EBMUD sent us notices when we transferred the bill to our name. They said that bills had been high in the past. We also noticed that they did dig in the moist location and the windows did not have condensation for no reason. Can either agent be held responsible for not following through as agents making sure things had been complete? No one wants to take responsibility.


Asked on 6/24/02, 7:11 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Real Estate agents

The seller and the agents could be liable. Regarding the mess inside, perhaps you should have done a walk through, although that rarely does much good.

As to the leak in the main water line, if it was visually noticable, and nothing was disclosed, you may have a cause of action against the seller and the agent. Of course, they would argue that you should have noticed it, too.

It sounds as if this is a fairly minor dollar amount. The water main could probably be repaired for under $1000, and you could hire someone to come in and haul the trash.

Then you could take everyone to small claims court, and let the judge figure it out.

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Answered on 6/25/02, 11:56 am
Larry Rothman Larry Rothman & Associates

Re: Real Estate agents

You may have a negligence or other action. You need to determine your damages to make you whole. If you fax me at 714 363 0229 your entire contract, I will provide you with free consultation.

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Answered on 6/24/02, 11:29 pm


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