Q: Is seller liable?
In Oct of 2012, I purchased my home and during the process before the close of escrow I asked the seller what type of flooring was under the carpet (which was newly installed by them) in the 4 bedrooms and I was told by the seller via email that it was hardwood. I still have the email.
Two years later, I hire a flooring company to refinish said hardwood floors only to discover that there are no hardwood floors! All plywood! Can I take them to small claims court ?
Thank you.
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
The answer to your question will depend on whether the statements made by the seller were "material" to your decision to purchase the house. As an example, if you made your purchase offer based on the seller's representation, and you would have offered a lower price for the house had you known the flooring material was different, perhaps you have a claim. You should consult your own attorney to protect your legal rights.
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