Palo Alto, CA asked in Real Estate Law for California

Q: After buying my condo in September 2019, it seems that there are extensive repairs that need to be done to the property.

The home inspection was incomplete and my agent did not due her due diligence. What can I do?

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You need to contact a local Real Estate attorney and take all your documentation and repair reports to him to see if you have a case. Cannot determine this on a public forum. Do not delay.

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James A. Greer
James A. Greer
Answered
  • Boulder, CO
  • Licensed in California

A: Dear Condo Owner: Your description of "discovery" of extensive repairs needed at your condo purchased 09/2019 appears to require the further analysis of a skilled attorney, because you have potential "Failure To Disclose" claim agains the Seller and "Failure to Identify" claim against your Agent. The "test" for disclosure for the Seller is "disclose all things that are material to the decision-making of a Buyer", and the test for Buyer's Agent is to "identify all visually observable issues/defects/problems" with the trained eye of a realtor. You may have bet "let down" by both parties. So long as the repairs you mention were not of the nature that a Seller did not "know or with reasonable diligence should have known", the repairs should have been disclosed.

JIM GREER is an attorney licensed to practice in CA and CO and has specialized in real estate matters for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 858.481.9006

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