Are we able to take any legal action regarding a house that my husband and I purchased 27 months ago?

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Are we able to take any legal action regarding a house that my husband and I purchased 27 months ago?

There was an agreement that the previous owner was going to have a leak in a toilet fixed before things were finalized. They said it would be taken care of. Now we discovered a number of issues and upon pulling up the toilet we have found that their so called fix was not much of a fix. The floor is rotted, mold every where. It looks like the mess has moved so far that it is causing problems in our down stairs ceiling.

Asked on January 1, 2013 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given what you have written about you and your spouse have a valid action for negligence, breach of contract and potentially fraud against the former owners of the unit that you purchased with respect to its condition issues. The measure of damages is the lesser of the cost of repair or diminution in value at close of escrow.

I suggest that you consult with a real estate attorney to see what your legal recourse is.


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