Clearlake, CA asked in Real Estate Law and Arbitration / Mediation Law for California

Q: Bought a house that has no 2x4 framing in the walls. It's 1x12 from the bottom plate to the top. This was not disclosed.

The seller told me afterwards how it was built. It severely limits what i can do to the house to fix it up, structural integrity. The house is over one hundred years old. He also never disclosed a 50 foot well under the house, and a gas well on the property. Do i have a case? This was an owner carry deal.

2 Lawyer Answers
N. Munro Merrick
N. Munro Merrick
Answered
  • Arbitration & Mediation Lawyer
  • Del Mar, CA
  • Licensed in California

A: This is a first for me -- 100 years old?? 1x12 studs??? It probably did not violate the requirements of the building codes of the day, if there were any when your house was built. What does your sales contract require in the way of disclosures? What do you really want to do, get out of the deal? Get compensated for getting the house up to code? Once you decide that, talk to the seller and see if you two can come to an agreement. Negotiate in good faith and without accusations. If no agreement is reached, you will have to contact an attorney.

N. Munro Merrick
N. Munro Merrick
Answered
  • Arbitration & Mediation Lawyer
  • Del Mar, CA
  • Licensed in California

A: Further thought: Did you tell the seller that you planning to add a second story, or whatever you want to do? If so, what was his response?

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