Can I sue for the cost of repairing damage that was not disclosed?
Asked on Oct 09th, 2020 on Real Estate - California
More details to this question:
Bought a house in July with pet urine damage all throughout. Flooring, subfloor, and drywall had to be replaced in the majority of the house. A new furnace was needed due to pets urinating into floor vents destroying entire furnace system. Close to $30k in repairs so far and still going. Nowhere in the disclosures was there any mention of pet urine damage. Who is responsible for the cost of the damages? Inspector, appraiser, or agent did not find any of this during their inspections.
The short answer is: Perhaps all of those persons you listed in your question are responsible. If the seller signed the disclosure agreement, and the seller knew or should have known of those defects, then the seller is primarily responsible. The realtors may be responsible too if they knew and did nothing to inform you. Were the defects hidden? Did the seller hide the scent? Those are issues that will become important if you proceed.
Let me know if you need further assistance. A suit against the seller for non-disclosure is a good suit because the winning party also recovers their attorney fees (as long as the parties offered mediation first).
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