Oakland, CA asked in Real Estate Law for California

Q: What can I do to make the seller fix this undisclosed urine problem?

My family just purchased and moved into a house in Contra Costa County on Wednesday, 10.14.15. That first night there was a strong odor of ammonia mixed with very heavy fragrance from the air fresheners. Which were plugged in prior to us entering the house. I removed the air fresheners, as the night wore on and the air fresheners' scents dissipated, the smell of urine stemming from the closets and the areas adjacent to the closets became overwhelming.

The next day (10.15.15) I emailed my real estate agents (Vanessa and Ken) and the seller's real estate agent (Miranda). The seller did not disclose there were squatters living her prior to us. The seller is refusing to accept responsibility. 2 bedrooms and 3 closets are unusable due to the urine smell. The seller is not cooperating and dismisses the assessments of experts (1 of the company he chose)

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Redlands, CA
  • Licensed in California

A: 1. Get a written estimate of the damages or cost to repair the smell.

2. Write a letter to the seller and the seller's agent demanding the money for the damages or costs to repair. In the letter, you'll have to request mediation if you used a standard California Association of Realtors residential purchase agreement.

3. If the seller and/or seller's agent refuses mediation, then you can sue for your damages or costs to repair. If the damages are less than $10,000, then you can bring the case in small claims court.

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