Legal Question in Real Estate Law in California

Undisclosed condo condition
In Aug. '97 I had purchased a condo from a real estate agent who owned the unit. He disclosed that "Leaks were the responsibility for the HOA". I was told of a plumbing problem from the unit above me that had been corrected.
During the El Nino onslaught in winter '98 I experienced numerous leaks from all windows which cause some damage to the window sills. He did not disclose on the contract that the window leaks had been a problem in the complex. He was also a officer of the HOA.
Can I collect a monitary reward from the real estate agent for not disclosing rain water "leaks" and the damages to the windows in small claims court?
I had contacted an attorney but cannot afford his charges to represent me.
Thank you.

Asked on 3/02/00, 8:08 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

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Re: Undisclosed condo condition

You can go to small claims court - or to superior court - and represent yourself.

To win you will need to prove that the seller knew about the window leaks and failed to disclose them. Because the seller is a real estate agent, he arguably has a higher duty to disclose because he is in a position of superior knowledge about the law. To prove the agent knew you will need to get witnesses or evidence - such as previous repairs.

You will also need to get a couple of bids from contractors setting forth the costs to repair any damage and to fix the problem. These bids are your damages, the amount that you are asking from the court.

Also examine your sales contract. Most of them provide for attorney fees to enforce the contract. Show it to an attorney and see if the attorney believes whether you may be entitled to recover fees under the real estate sales contract. You may need to talk to a couple of attorneys.

Answered on 3/16/00, 10:34 am

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