Q: Can I take action against a seller after purchasing for cracked foundation/framing?
I purchased 15 months ago and decided to do a kitchen remodel. We found out that the foundation and 50% of the framing was cracked. Do I have been mid construction for several months waiting for additional permitting. The 36k remodel is now costing over 200k. I am also having to fix work that my first contractor did incorrect. Is there any action I can take to recover any part of the cost from the previous owner or contractor?
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
In California, when a residential property owner sells her/his property and the seller is aware of certain issues, those issues must be disclosed in the Real Estate Transfer Disclosure Statement pursuant to California Civil Code Section 1102, et. seq. As well, the seller's agent needs to make certain disclosures based on making inquiries and a visual inspection of the property. If the seller or seller's agent were aware of the structural issues, they should have been disclosed them to you. In most real estate transactions, the buyer's offer is subject to the property's structural inspection. Did you not have a structural inspection contingency in your contract? Did you hire an expert/engineer to inspect the property before closing the transaction? Did your expert's report indicate any of the problems you are worried about now? You should immediately consult your own attorney to protect your legal rights.
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