Legal Question in Real Estate Law in California
After the sale - they want us to fix the floor
My parents sold their home December. They rec'vd a note today asking for $140k to repair the former floor or the new owner will sue. Inspections were prepared and signed off before sale as well as a $250k warranty was taken out at the time of sale. The new owner tore up the old caarpeting to find cracks in the cement floor and now wants my parents to repair the floor. Can he do this? The floor had had carpeting when my parents owned the home. What are my parents rights now that the sale of the home is 5 months past. The home is in California.
1 Answer from Attorneys
Re: After the sale - they want us to fix the floor
The general rule is that sellers have a duty to disclose defects and other conditions affecting the value of the property, whether or not the buyers inquire.
If a licensed broker or agent is used, they have an even higher duty -- they must make inquiry and inspection into matters possibly affecting value, such as zoning, defects, failure to get permits, and the like.
If your parents neither knew of nor suspected the cracks, they will probably win a suit, but this cannot be assured and they will need to have a skillful defense.....especially in view of the very high amount claimed.
Do you have a copy of the warranty? Your folks' attorney will want to review it to determine what defects it will cover and whether the warranty provider should be involved in the defense of any claim.
Your question does not say who ordered or performed the inspections, nor what they covered. When they retain an attorney, he/she should consider possible liability on the part of the builder, the agent/broker, and/or the home inspector and warranty provider.
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