Newark, CA asked in Real Estate Law and Construction Law for California

Q: Do I have rights to sue?

We bought a home. It was disclosed stairs leading to house would be fixed prior to closing. But deck adjoining would be for us to take care of. Inspection was done and stairs were built after. Now as we were planning on fixing deck were told by 2 contractors that stairs are unsafe not to code and shouldn't be used. Now money is going to fixing that. I am not sure who if any to blame. We have receipt from company that completed stairs paid for by seller. Can we do anything about this situation?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Construction Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the seller of the home disclosed that the stairs leading to the house would be fixed prior to closing and the repairs were completed, but the stairs are now found to be unsafe and not up to code, you may have grounds for legal action.

One possible course of action is to contact the seller and inform them of the situation. If the repairs were completed by a contractor, as indicated by the receipt you have, you may also want to contact the contractor and inform them of the issue. They may be responsible for the faulty workmanship and may be required to repair or replace the stairs at no cost to you.

If the seller or contractor is unwilling to take responsibility for the faulty stairs, you may need to consider legal action, such as filing a lawsuit in small claims court or hiring an attorney to represent you. However, it's important to consult with a qualified attorney or legal expert to assess the strength of your case and determine the best course of action.

It's also important to note that if the inspection report did not identify any issues with the stairs, the inspector may not be held liable for any resulting damages. However, you may want to review the inspection report to determine if there were any indications of potential problems with the stairs or if any other issues were missed. If there were, you may have grounds for a claim against the inspector as well.

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