Legal Question in Real Estate Law in California
Transfer Disclosure Statement and Temites Infestation
I bought my first home in 2002. The escrow was closed on Aug 7, 2002. The seller stated that there was no major problem with the house on TDS. However, I recently found out that house is infested with termites. The termite inspector told me there were mud tube stains in the garage that have been existed before I bought the house. There were piles of boxes and stuff in seller--name removed--garage at that time, but the garage was accessible. Those mud tubes were hiding under the boxes. Can I ask the seller and his agent for compensation for not disclosing this fact? The seller must seen the signs of termites when he was moving. Second, automated garden sprinkler system doesn't seem to work. The seller didn't disclose this either. I found out this lately because I always water plants manually. What are my remedies? Do I have a case? Termites treatment is very expensive. Please Help me. I'd really appreciate it.
3 Answers from Attorneys
Re: Transfer Disclosure Statement and Temites Infestation
A seller is responsible to provide you a disclosure statement regarding all issues/items he is aware of re the property that might affect value and/or enjoyment of the buyer. Take all you purchase docs to real estate attorney for consult. WE do not charge first visit. Many others the same.
Re: Transfer Disclosure Statement and Temites Infestation
Let's put it this way, didn't you have a real estate agent aiding you. Did you give up all of your rights to inspections. What kind of in inannity occurred during the sale. Did you use a standard form contract and who filled out. So many questions regarding something that rarely, rarely happens. Take all of your paperwork, and hire a real estate attorney who is expertise in real estate law to review all the documentation, ask the questions and get correct honest answers to all questions.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: Transfer Disclosure Statement and Temites Infestation
1. Termites can appear within a few days after a termite inspection clears a house. Did you have an inspection when you purchased the house? You say that the seller must have seen signs of termites when he was moving. Wouldn't that mean that you should have seen signs of termites when you moved in? You don't know what termites look like? Well, he probably doesn't know either.
2. Perhaps the sprinkler system worked when you bought the house. Lack of use can be just as bad on things as using them ... maybe worse.
You will need to prove 1. that the seller knew, or reasonably should have known, that there termites there and/or that the sprinkler system didn't work, and 2. that he did not disclose this to you.
#2 is easy, #1 is a little harder.
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