QUESTION

Who is liable?

Asked on Jan 31st, 2018 on Real Estate - California
More details to this question:
It was discovered by a plumber who I hired to fix a clog That the plumbing of House is not to code and there is preexisting water damage to house. This occurred after purchasing Home . There is also lead and asbestos discovered. All not in sellers disclosure. I have major sewer back up and currently living in a hotel. the realtors of the buyer did a home renovation which are their realtors. Please advise.
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1 ANSWER

Probate Litigation Attorney serving Anaheim, CA
2 Awards
Hi Angelita, It sounds like you may very well have a non-disclosure claim against the sellers of your property. In order to prevail in a non-disclosure claim though you have to prove that the seller was aware of the problem that was not disclosed. If work was recently done or patched over you may have a good chance of proving that.  Assumming that this transaction was contracted using standard Californai Association of Realtors forms you would first have to make a demand for mediation prior to filing suit, which would give you an opprotunity to resolve this matter outside of litigation and also provide you with an opportunity to recover attorney's fees should you file suit and prevail. I have handled many of these types of claims, both for plaintiffs and defendants if you would like to discuss. Thanks,Jon
Answered on Feb 01st, 2018 at 3:37 PM

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