Legal Question in Real Estate Law in California
I sold a home I owned in Bakerfield. CA in summer of 2007. Before I sold the house, I had a contractor take off the wood shake roof and replace it with composition tile. The new owner is now threatening to sue me because there was an installation error made by my contractor that is going to cost approx. $1500.00 to repair. The contractor is now out of business and I cannot find a receipt for the job. Also, when the contractor pulled the permit, he listed the job as being completed by the "owner." The buyer paid for a home inspection so I can't see how I can be held responsible if I didn't know there was a problem with the roof. Can they go after the inspector? Do I have any liability in this now almost three years later?
1 Answer from Attorneys
You are only liable for defects that you know about and do not disclose. Inspectors are covered by the cloak of sovereign immunity of the government. Is sounds, however, like you might have hired an unlicensed contractor? Most licensed contractors don't put "owner" on the permit, but some do. If you knowingly hired an unlicensed contractor, or should have known (turning a blind eye does not get you in the clear), and that was not disclosed, then you may have a problem.