Q: Seller did not disclose known defects

A: You may have some difficulty finding representation on a contingency basis, unless the material failures to disclose are substantial. Does your sales contract have an attorney fees provision? If so, that may be to your advantage. Be prepared to show all your evidence, including any remediation estimates and estimates in the reduction of the value of the property. and schedule consultations with experienced real estate litigators.

A: Under California law, sellers are required to disclose any known material defects in a property before the sale. If the seller failed to disclose significant issues and you have evidence proving they were aware of these defects, you may have a strong case for misrepresentation or fraud. The fact that you have emails and text messages showing the seller's knowledge of the defects can significantly support your claim.

You may be entitled to compensation for the costs associated with repairing these defects or even rescission of the sale, depending on the severity of the issues. It’s crucial to act quickly, as there are statutes of limitations that could affect your ability to file a lawsuit.

Reaching out to a lawyer who is experienced in real estate disputes can help you navigate the legal process. They can potentially work on a contingency fee basis, meaning they would receive a percentage of the final settlement, ensuring you get the legal help you need without upfront costs.