Legal Question in Real Estate Law in California

sold home and now being sued for fraud

sold my home in Calif ''as is'' in 2005.

Bought AC unit in July of 2004 as new per receipt. Buyer claims it is a 1998 model so not new.

My major concern tho is that on the receipt it also states ''advised client that ''roof-top'' location (where orig was located) not up to city code'' and additional charge if needs to be relocated. The city never said anything to me & I had forgotten all about it.

Can they sue me for not getting a permit or having it moved? I guess to the ground.

Also,I have to go to court in Calif in April and I now live in Nevada. Can they have me go back to Calif for this?


Asked on 3/15/07, 5:54 pm

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: sold home and now being sued for fraud

So long as you provided complete disclosure, you should be O.K. It is the things you do not disclose, like an old A.C. that will get you in trouble.

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Answered on 3/15/07, 10:20 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: sold home and now being sued for fraud

The transaction and the real property are located in California. That would seem to give California courts the required personal jurisdiction over you. You should contact your home owners insurance and ask for them to provide a defense. You have 30 days after service of the summons and complaint to file a response. Do not allow your default to be entered as the result of your failure to file an answer.

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Answered on 3/28/07, 1:31 am


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