Legal Question in Real Estate Law in California
Real estate Non disclosure
I bought a house and closed escrow in August 2006. I moved in at the end of September 2006. In January 2007 the plumbing in the masterbath backed up. It was an emergency situation and the plumber had to replace the main sewer line from the house to the city manifold. It cost me $15,000. The plumber took pictures of the damaged pipes. I had a home inspection which said there was new piping and the seller had disclosed that all the pipes were new except for one from the second bathroom bathtub. I can't believe that the seller had not had prior plumbing issues. The original sewer line was crumbling and had massive amount of tree roots. What recourse do I have?
2 Answers from Attorneys
Re: Real estate Non disclosure
You may have a meritorious case against the seller, his broker and agent, and possibly your own broker and agent, but I can see a lot of difficult proof-related issues. Look at your agreements and see whether you have elected mediation and/or arbitration of disputes. $15,000 is economically borderline unless you have a strong factual case and a prevailing-party attorney fee recovery provision in your purchase contract.
So, in summary, your case is more dependent upon facts, evidence and proof issues than on law per se, and whether suit, mediation, arbitration or a combination is possible and worth while depends upon what boxes are checked on your contracts, the quality of your proof, and your personal determination to pursue justice.
Re: Real estate Non disclosure
In a nutshell, can you prove that the owner or either agent knew about the pipe problem?
The agent's are required to to a competent visual inspection, but it doesn't seem that such a problem would show up during a compent visual inspection.
How far down the line was the problem? Farther down than "new pipes" would reach? Did the plumber tell you that this type of problem would have certainly happened before? Or is it possible that this was, in fact the first time it happened? The bottom line question is how will you prove that the seller knew of this problem?
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.
