QUESTION
Can buyer pursue damages against the seller post closing, after (pre-closing) discovery of water damages intenionally concealed from seller to buyer ?
Asked on Jan 26th, 2016 on Residential Real Estate - California
More details to this question:
Seller has knowingly hidden property defects of a "Material" nature by intentionally checking the wrong boxes on the seller property disclosure. (water damage & insurance claim filed) The disclosures were made 18 days after the required date , and after my buyer inspection. We are in escrow and desire to close, however the seller will not cooperate regarding a reasonable credit to buyer to have damage corrected. Seller intent , default, and bad faith well documented.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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When the seller has disclosed information to the buyer, then the buyer's options are (1) to not buy the house, (2) to try to negotiate a seller concession, (3) buy the house anyway.
The seller is not obligated to give a concession. So at that point, the buyer can either buy it, or not. The buyer hasn't suffered any damages.
Answered on Jan 30th, 2016 at 10:47 AM