We bought a property in 11 / 12 in contra coats county , and found out the roof leaked after a big rainstorm on 12 / 5 / 12 . My Realtor contacted the listing agent ( who was also the property manager ) . The listing agent denied having any prior knowledge of any problem with the roof . We were able to get hold of the prior tenants and they provided us with the screen shot of " face book " conversation showing the tenants informing the landlord of leaky roof and also stated that the problem had gone on for two years . The seller and the listing agent have refused to take any responsibility . Our general inspection didn't show any problem with the roof . When we repaired the roof , the roofer said the lining under the tiles were torn . What is our option ? going after the general inspector ? seller and agent ?
what is the statue of limitation in Contra Costa County in Northern CA? thanks all.
A home inspector does not conduct an "invasive" inspection so that if the condition would not be disclosed by a visual inspection of the roof or ceiling, then the inspector would likely not be liable for not finding it.
If the seller and agent knew of the condition, then they had a duty to disclose it. It may be fraud by omission to not disclose a known defect.
Laws vary from state to state, so you should speak with a local attorney to determine what your rights and options are.
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3 lawyers agree
Construction / Development Lawyer
Sounds like a potential "failure to disclose" case by Seller and Agent. Need to retain a Real Estate Attorney. I agree that Home Inspectors do not generally do invasive testing to be able to find this kind of a problem. That is why if you carefully looked at their agreement, they usually clearly disclaim or limit their liability.
Real Estate Attorney
It seems like you have some excellent evidence that the seller knew of the problem. It's hard to tell from your post whether the listing agent knew, but there is certainly some circumstantial evidence that he/she did. I'd be a little more wary of going after the inspector.
Most real estate purchase contracts require you to attempt to mediate this dispute prior to filing a lawsuit. There is usually a provision barring you from recovering attorneys fees (in the event you win) if you do not first attempt to mediate. I would go after both the seller and the agent under the facts you have provided.
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Securities / Investment Fraud Attorney
If you feel the need to sue someone you need to go against the seller and the listing agent.
As per your real estate agent you need to prove that your agent knew the defect of the roof or it was disclosed to him by the seller's site.
Under the facts u presented above (torn lining on the roof), definitely the seller knew the situation except if the house is located in a dry area like Palm Desert.
A Facebook post can be subpoenaed but u need to prove that the seller knew about the post or that the tenant notified the seller.
Before all the above:
First check the disclosures from the seller that u signed off. Second check the listing about the property (the property was sold as is and stands?). Third was the listing broker informed for freshly painted house or renovated house and posted that kind of info in his/her listing? Many variables that an attorney needs to consider.
You definitely need an attorney to review documents and evidence to accurately advice you.
Yes there are legal issue that a responsible attorney needs to explore. Maybe is a case of fraud in combination of brokers malpractice and misconduct in the MLS listing.
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A seller of residential property generally has a duty to disclose those issues affecting the value or desirability of the property, and additional dislcoure obligations are found in the mandatory disclosure statements required by the Civil Code.
If a seller knew a roof leaked and did not disclose it to the buyer, then that is a problem.
There are numeorus issues at play in real estate cases dealing with the potential fraud or negligence of a seller, and you shouuld contact an attorney to discuss the facts and issues.
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