My question involves real estate located in the State of: California
We purchased a home in late 2017 and the seller indicated on the disclosure (pertaining to flooding and / or irrigation issues) and they marked no. Within weeks of moving in, a neighbor suggested we buy a pump due to the sellers having flooding issues in the past.
The first rainstorm hits (its california and rainfall was minimal) and a portion of our nearly floods. I purchased a pump and did some work to avoid water intrusion into the home. Since then, every rainstorm has produced significant flooding (some areas reach 6-7 inches of water. I have almost 250 photos taken during each storm and videos showing the flooding. I also have percipitation reports, showing rainfall amounts for all my date and time stamped photos / videos. These areas also are showing interior signs of mold from the water intrusion.
I managed to locate two contractors that worked on the home previously and they each pointed out the flooding areas and said the area had flooded for sometime. They even commented that they offered to fix the problem, but the seller refused due to California’s limited rainfall.
I also had a land survey conducted and it clearly identifies the existance of issues / cause for the flooding. Repairs for this range from 30,000 to 50,000. The lower amount includes changing the rear yard elevation to get proper drop, cutting existing concret to insert drains and patching over it. The higher amount includes removal of the concrete in the problem areas and replaced with new concrete.
We signed a mediation agreement, but the sellers and their agent essentially called us liars and refused to participate in any form of mediation or to resolve it in a civil manner. We have this documented in a formal request to them and their formal response back. Now i will be forced to sue... my question is what is the likelyhood if i won, that they would be required to pay my attorney fees? Also, anyone have a similar case that can give me insight into my chances of winning? Thanks