Are we able to take any legal action regarding a house that my husband and I purchased 27 months ago?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.