QUESTION
Flipped House-Can seller be held liable for hiring an unlicensed contractor who improperly installed the AC causing the ceiling to fall through
Asked on Aug 08th, 2016 on Real Estate - California
More details to this question:
After living in our new home for a few weeks, the ceiling fell through in my sons bedroom due to the AC condensation pipe not being properly installed(the pipe was open ended and did not exit the home). There was a permit pulled and inspected by the city, but the city inspector did not catch it. I ran the contractors name and it appears he was not licensed. Our real estate agent sent a written proposal asking for full reimbursement for the cost of the damages, clean up, and items that were destroyed(about $8,500) and he only agreed to pay for half. Should we take him to small claims? What are the laws and our rights as the new owners? My infant son could have been in that room when the ceiling fell through.
1 ANSWER
Yes, you can sue the seller, the contractor, or both, and in small claims court without lawyers, up to $10,000.00.
Nolo Press has a good book on how to win in small claims court, step-by-step. Follow the instructions, and you'll have no problem.
The small claims court judge will have a dozen cases on the calendar. So quick and efficient is important. He doesn't need to hear about your search for a home, the offers that were not accepted, etc. Make a list of the points you need to make, and have your exhibits for each point clipped together separately. That way, before you discuss each point, you can hand the judge the exhibits for that point, or if he asks for all the exhibits at once, you can tell him which numbered or lettered bundle to look at for the point you are about to discuss.
You'll need 3 sets. One for the judge, one for the other side, and one for you. If you sue both the seller and the contractor, then you'll need 4 sets.
Good luck.
Dana Sack
510-286-2200
Answered on Aug 09th, 2016 at 10:10 AM