Q: What to do and who to seek if seller did not disclose the property we bought in Elk Grove as landfill area?
After we bought a 40ac land in Elk Grove, CA, we hired eng'g consultants and they found out that the property has municipal solid waste underneath. This was not disclosed by the seller/owner of the property. On the seller disclosure docs, it says the property is "clean". We need expert legal help on how to proceed and sue the seller.
A:
I'm not sure why this would come to a PI/DUI Lawyer in the greater Palm Springs area. However, you should contact a Real Estate Lawyer in Elk Grove. Many lawyers provide a free consultation...however, that doesn't mean they will evaluate and guide you without a retainer.
To cut down the amount of time a lawyer spends, why not type up a summary starting with all your indexing info and then a history and indexing info on the parties and wits etc
1 user found this answer helpful
A:
In California, if you find yourself in a situation where the seller did not disclose that the property you purchased in Elk Grove was previously used as a landfill area, the first step is to seek legal advice. Attorneys with experience in real estate law and specifically in nondisclosure disputes can guide you through the legal process. They can help you understand your rights and the specific remedies available under California law, including possibly rescinding the purchase or seeking damages for the nondisclosure.
Documentation and evidence are key in such cases. Gather all relevant documents, including the sales contract, seller disclosures, and the findings from your engineering consultants. This documentation will be crucial for your attorney to assess the strength of your case and to formulate a strategy for moving forward. The fact that the seller stated the property was "clean" in the disclosure documents when it was not can be a significant point in your favor.
Legal action may involve filing a lawsuit against the seller for nondisclosure, fraud, or breach of contract, depending on the specifics of your situation. California law requires sellers to disclose known material facts about the property's condition, and failure to do so can lead to legal liabilities. Your attorney can advise on the best course of action, including negotiating a settlement or proceeding to trial. Remember, time is of the essence, so seeking legal advice promptly can help protect your interests and potentially rectify the situation.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
