Legal Question in Real Estate Law in California

We recently purchased a house. After one night living here, the washer drain overflowed. The toilets backed up and water was coming up thru the shower. We had a plumber come out and had to change the main line. Also in the process...the toilet was installed incorrectly..so since being here one day we have no toilet no shower and have to smell sewage....is there anyway to sue to get our money back for all these repairs we thlught were done.....


Asked on 5/27/11, 6:03 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Did you buy it from a private-party owner who lived in the house, or from a private-party owner who didn't live in the house, or from a financial institution at a foreclosure sale or as REO (repossessed property)? Did you employ an agent or broker? Did the seller(s) employ an agent or broker?

The answers to these questions may determine whether you have a case at all; who was supposed to make disclosures; who owed you a duty to check into things, etc.

If it were a sale by someone who occupied the house or otherwise ought to have known of the problems, you have a good case. Gather evidence, take pictures, save bills and line up your witnesses. The only real question is whether to sue in small claims or whether going to superior court is warranted.

Don't overlook agent and broker liability.

Finally, remember that even owners who were absentees, rather than recent occupants, might not know, and therefore would not be required to disclose, certain problems. On the other hand, tenants probably would have notified absentee owners about problems of this kind.

Read more
Answered on 5/27/11, 7:15 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California