Legal Question in Real Estate Law in California
real estate disclosure laws.
Almost one yr ago we bought a house. before closing escrow, I did hire an inspector who gave me an "A-OK" report. Within about one month, we had owr ist rainfall and the roof leaked all over. All the plumbing in the house is shot....We have become friends with the previous renter who informed us of all the major problems in the house. He had previously contacted the seller via certified mail, with pictures and requests for repairs(we have copies). The repairs were never addressed. We then contacted the seller to question him about the roof, plumbling, drainage problem....He said this was the first time he heard of such problems! Isn't there a law that the seller must disclose any problems with the house or is that the inspectors job? Thank-you for your time!!!
3 Answers from Attorneys
Your legal rights
My office can assist you in this matter. For a phone conference I charge $25. Just call my office at 818-705-3059. You may charge this to your credit card. Awaiting your call. F. Radoff
Get an attorney, you have rights
Mr. Radoff is correct ... you need to have an attorney refer you to the legal authorities and make a proper demand on the owners. There are laws that require disclosure of known defects, there are also laws against fraud and misrepresentation. One of the first things you need to do is have an attorney look at the purchase and sales agreement(s) to determine the full extent of your legal rights and the sellers' obligations. Good luck, William Davis
Reply re real estate transfer disclosures
You need to refer to your purchase contract,and look at the portion that gives the Sellersdisclosures concerning condition of the property.The are the disclosures required under Cal.Civil Code 1102.6, et seq. If the sellersknowingly or negligently failed to disclosethe existence of the defects you've describedyou likely have a cause of action. Also, thehome-buyers inspection service you hired maybe liable under theories of negligence andbreach of contract.You need to carefully review and document thedefects, as well as determine the anticipatedcost to repair the defects. Next, you shouldcollect all available documentation fromthe previous renters demonstrating that the seller knew of the defects. With thatinformation, attorneys specializing in thisarea will help you determine if you want to incur the expense of litigation.
The information provided above is offered as general information provided an accomodation only, and should not be considered legaladvice provided within the context of anattorney-client relationship.
I wish you all success in reaching a fair andcost-effective solution.
TW Newton
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