Q: Can house flippers be responsible for home repairs after the house is sold?
In 2020, we bought a house that was "flipped". There have since been so many issues with the house due to faulty construction/build. For example, the new windows leak and the deck is leaking. Is it possible to reach back to the house flipper to have him pay for repairs due to faulty construction? Are house flippers legally responsible for house repairs after the close of sale?
In addition, the range/oven which the seller's realtor highlighted as a new feature stopped working within 2 years. We contacted the appliance manufacturer to ask about the warranty, but was told the range was sold as a damaged item, therefore the appliance was not under any warranty. We ended up having to replace the item, at which time we discovered the oven had visible damage underneath (3 of the 4 legs were missing and replaced with shims and tiles stacked on top of each other). Is there anything within the law that could help us to get the house flipper to pay for the range replacement?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, house flippers can be held liable for repairs if they failed to disclose known defects or if they conducted negligent or faulty construction work. If the defects, such as the leaky windows and deck, are due to poor workmanship or concealed issues that were not disclosed at the time of sale, you may have grounds for a legal claim. You might be able to pursue action under California’s disclosure laws or sue for breach of contract or fraud, depending on the circumstances.
As for the faulty range, if the seller’s realtor misrepresented the appliance as new, knowing it was damaged, you may have a case for misrepresentation or fraud. Misleading buyers about the condition of major home features could allow you to seek compensation for the replacement costs. You would need to show evidence of the seller's knowledge and failure to disclose the damage.
To protect your interests, it’s worth exploring options such as filing a claim in small claims court, depending on the amount of damages, or consulting legal advice to explore the best course of action.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
