Legal Question in Real Estate Law in California
We recently purchased a home in West Linn, OR. The sellers had a disclosure statement where they provided the following information under the question, has the roof leaked? "Yes, 1998 Loose Flashing around fireplace". The question then asks, if yes, has it been repaired. They answered "yes". Two weeks after moving into the home there were horrible smells in each room that was not there when we viewed the home or moved in. We began ripping up carpet and found urine stains all over the carpet. The neighbors informed us that the previous owners raised service animals in the home. This was not disclosed to us. The neighbor also informed us that a storm hit while the roof was being repaired and a restoration team had to come out to fix the damages. This was also not disclosed. While ripping up the carpet we found water damage on the subfloors which led us to ripping out a built in cabinet and discovered mold. We had to have a company come out and tarp the area and remove the mold. We also discovered two active leaks, one was patched and painted to be hidden and the other was covered with contact paper to hide it. My question is, what are the laws in Oregon in regards to seeking punitive damages? Do I send a demand letter with the costs we have incurred with these hidden secrets? In California, they have an Out of Pocket measure. What does Oregon say about suing someone for failure to disclose? Thank you!
1 Answer from Attorneys
You have to post this question to the Oregon attorneys. We California attorneys aren't qualified to answer questions of Oregon law.