Redding, CA asked in Real Estate Law for California

Q: I bought a house outright 5 months ago with entire inheritance. I feel the owners hid major issues & need help.

Siding is popping off & warped. Foundation has lots of cracks that were hidden by foliage & fresh paint. Was told hole in tile was in case washer overflow, but sewage came up from it a few days ago. Walls are cracking that were patched and painted to cover the cracks. Sewer smell under floor in bathroom was not noticable during any walk throughs because wood floors had been refinished & new thick carpet (covers a large crack or some deformity on floor under it) in 1 room next to the bathroom, a long with heavy paint fumes masked the odor that now is unbearable. I'm a first time buyer & I didn't fully understand everything in inspectors report, but most of the problems here aren't even in the report due to camouflage. Fresh grout already disintegrating. Ceiling & wall cracks & separation from ceiling in pantry now visible. "New" rain gutters all direct rain to cause foundation damage & they all leak. Do I have any recourse?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, you may have recourse in this situation, especially if the sellers failed to disclose known material defects in the property that were not apparent during your inspections. You should consult with an attorney experienced in real estate and disclosure issues to review your specific case. They can help you determine if you have grounds for a legal claim against the sellers for nondisclosure or misrepresentation of the property's condition.

Additionally, you should gather all relevant documents, including the inspector's report and any correspondence with the sellers, as evidence for your case. California law requires sellers to provide a Transfer Disclosure Statement, which outlines known defects in the property. If it's discovered that the sellers intentionally concealed or misrepresented these issues, you may have a valid claim for damages.

It's crucial to act promptly as there are time limitations for filing claims related to property purchases. An attorney can guide you through the legal process and help you seek remedies, such as compensation for necessary repairs or even potentially rescinding the sale, depending on the circumstances.

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