Legal Question in Real Estate Law in California
After Sale Liability
I purchased a house. My r.e. agent referred me to an inspector to do the inspection. He missed several items which my agent agreed with me. Seller stayed in house for 3 extra days. R.E. did not go pick up keys. I investigated inspector and he had a business card with CREIA and the symbol for California Real Estate Inspectors Association on his card. It did not say member though, just showed the symbol and had the name printed. He had not been with them for over 2 years. 1 week later I turned on gas for wall heater and there was leak.Had no heat for 3 weeks. Said it had illegal hookups that were ran with copper. he could see the connection just by looking at the connection at the heaters. The copper pipes though are very old he said, probably 40 yrs. But if gas co. comes out they will shut off gas to entire house. My agent tried contacting sellers agent to no avail. Can I sue my agent for the $4000 commission I paid that my own agent did not do her job. She did not watch out for my best interests. Am I able to sue for the amount of the commission I paid her since she is the one who referred the bad inspector, did not pick up the key when property closed. Was not able to make contact with seller agent for me. Please notify.
3 Answers from Attorneys
Re: After Sale Liability
You have possible actions in tort and breach of contract against the seller, the seller's agent, your agent and the inspector. I suggest you contact an experienced real estate attorney.
If would like a free initial consultation and case evaluation, please e-mail me with contact information or call me at (818) 991-6664. I have over 23 years experience.
Good luck and thank you for your inquiry.
Re: After Sale Liability
Your's is not the only story like this I've heard in the past. You are focusing too narrowly in the situation. I would immediately if I were you, yesterday go to a real estate attorney with all of your paperwork. That would be all the documentation you received from you or sellers, the disclosure statements and the contract, as well as all inspection reports and any other letters or information you may have. You have claims against the real estate agent, the seller, the inspector and possibly others. More importantly, you could have a criminal complaint against the inspector as well as your real estate agent for collusion. Do not rule out such a claim as you do not wish this to happen to other potential purchasers. Please act immediately not only for your own sake but others.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: After Sale Liability
In addition to contacting a real-estate lawyer, I would contact the CREIA about this individual.
Your suit should probably name several parties as defendants under various liability theories -- include the seller, the seller's agent, your agent and the inspector. Discuss with your attorney adding claims for fraud as well as failure to disclose and other misconduct.
Your idea of asking for $4,000 because that was the amount of the commission reflects a "restitution" theory of damages. This might be appropriate in certain breach of contract suits, but what you have here is more in the line of a tort suit and you are likely to get actual damages based on monetary harm you can prove, and perhaps punitive damages. In the end you might get more or less than $4,000 -- discuss possible recovery with your selected attorney before making a commitment; you want to be sure it's worth your while to sue. Also review with the attorney whether there are attorney fee clauses and/or an arbitration clause in any of the contracts involved.
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