Legal Question in Real Estate Law in California

Sellers Disclosure Laws

I just purchased a 9 year old house 1 month ago. The home inspection went through clean. We have now discovered serious and pre-existing water damage in the master bath upstairs ($15,000). Our insurance does not cover pre-existing conditions. The sellers are now living in Canada. I have notified our real estate agent and he is notifying theirs. What is our recourse?


Asked on 5/23/00, 12:43 am

1 Answer from Attorneys
John Colistra Law Office Of John A. Colistra

Re: Sellers Disclosure Laws

AT THE TIME OF YOUR PURCHASE YOU SHOULD HAVE BEEN GIVE A TRANSFER DISCLOSURE STATEMENT. THIS IS SIGNED BY THE SELLER, THE SELLER'S REAL ESTATE AGENT AND YOUR AGENT. HAVE THIS REVIEWED BY LEGAL COUNSEL. THERE MAY BE LIABILITY ON ALL THREE PARTIES. ALSO, HAVE YOUR INSPECTION REPORT REVIEWED. HOW DID YOU DISCOVER THE H2O DAMAGE? WAS IT VISABLE? THERE MAY BE LIABILITY ON THE INSPECTION COMPANY (NEGLIGENT INSPECTION). WAS THE H2O DAMAGE CAUSED BY AN ORIGINAL CONSTRUCTION DEFECT? I.E. IMPROPERLY JOINED H2O PIPE. IF SO, POSSIBLE LIABILITY AGAINST THE CONTRACTOR/BUILDER/DEVELOPER.

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Answered on 7/05/00, 2:34 am


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