Legal Question in Real Estate Law in California
Real Estate non-disclosure (flooding in backyard)
The home we purchased in CA apparently has no drainage in the backyard. With heavy rain the entire back patio floods several inches each time over a 20' x 15' area against the house. The seller of the property was also the listing agent, so not only did she fail to disclose as the seller, she also failed to disclose as the broker/agent.
The sellers lived here for several years and they had to of known... what kind of recourse do I have... I purchased the house in May 2008.
3 Answers from Attorneys
Re: Real Estate non-disclosure (flooding in backyard)
Get some estimates of the cost to repair, then contact the listing agent's broker (unless she is the broker for the office) and send a demand letter to (1) the seller, and (2) the listing office's broker demanding reimbursement for the cost of repairs for failing to disclose the problem. If they fail to reimburse you or settle the matter, then contact a consumer attorney and file suit for failure to disclose. If the demand is less than $7,500 to repair, then you can take them to small claims court yourself and probably not pay an attorney. Your contract to buy the home, however, should have an attorneys fee clause so if you prevail in the lawsuit (not in Small Claims Court, but in Superior Court where represented by an attorney) you should be able to recover your attorneys fees and costs. Make the demand first and be reasonable about settling it because litigation is a headache, and in the end few people are happy with the results. Good luck.
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Re: Real Estate non-disclosure (flooding in backyard)
It appears you have grounds for suit for fraud/failure to disclose, breach of contract. Your damages would be the cost to repair. Get an estimate and then feel free to contact me if serious about getting legal help taking such action.
Re: Real Estate non-disclosure (flooding in backyard)
You may be able to recover against the seller and agent for failure to disclose known defect. As an agent, the seller has a much higher duty to advise of any defects. You need to take action before the time limit on the case runs out. Good luck.
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