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  1. #1
    Join Date
    Apr 2018
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    2

    Default Seller Failed to Disclose Significant Repairs Needed to a Home

    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

  2. #2
    Join Date
    Nov 2013
    Posts
    6,288

    Default Re: Seller Non Disclosure with Significant Repairs Needed

    Quote Quoting Dubc6117
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    my question is what is the likelyhood if i won, that they would be required to pay my attorney fees?
    If you could prove tortious conduct (there was an intent to harm you by the non-disclosure) your chances are pretty good. That is something your attorney will instruct you on.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,954

    Default Re: Seller Non Disclosure with Significant Repairs Needed

    Quote Quoting Dubc6117
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    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
    In the American legal system each party pays his own attorney fees unless there is an attorney fee provision in a contract. Read your purchase contract. If it has an attorney fee provision you have some chance of getting awarded your attorney fees but you'll still have to pay your attorney up front as this is not something that you are likely to have done on a contingency.

    As to "similar" cases, I'm sure that there are thousands. Try "Google Scholar" for appellate decisions based on the California disclosure form.

  4. #4
    Join Date
    Apr 2018
    Posts
    2

    Default Re: Seller Non Disclosure with Significant Repairs Needed

    Thanks Bud, now by “tortious conduct” would that include intential concealment? Our issue too, is the one attorney we spoke with is a bit flaky and he was recommended to us. Finding a reputable and reliable attorney is challanging.

  5. #5
    Join Date
    Mar 2013
    Posts
    16,954

    Default Re: Seller Non Disclosure with Significant Repairs Needed

    Quote Quoting Dubc6117
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    Thanks Bud, now by “tortious conduct” would that include intential concealment?
    Very likely.

    Quote Quoting Dubc6117
    View Post


    Our issue too, is the one attorney we spoke with is a bit flaky and he was recommended to us. Finding a reputable and reliable attorney is challanging.
    Try googling something like "real estate disclosure fraud attorney" and see what you come up with.

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