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Seller left house in appalling condition. What are my rights?

Santa Clarita, CA |

I just bought a house and walls are filled with huge holes (not just picture holes). Anchors have been ripped out, tv mounts that were bolted to the wall were removed leaving fist-sized plaster holes and the walls are covered with marker and stains that won't come out.

Are they responsible financially for repainting and plastering? This is not the condition it was purchased in although I understand that we're to assume reasonable wear and tear.

Attorney Answers 2


  1. And you saw the house before you closed, it was in appalling condition, and you closed anyway? WHat would have prompted you to do that?


  2. Were these holes visible when you did your final walk through inspection before close of escrow? If yes, you're pretty much stuck by waiver. If not, and the house was occupied by the seller until the close of escrow, you can sue the seller in small claims court for up to $10,000, on the claim of waste to real property. Once escrow was opened, you became the equitable owner and the seller had a duty not to commit waste to your equitable interests, which ripened into legal ownership at the close.

    Good luck

    Richard A. Rodgers, Esq.
    SHANE, DIGIUSEPPE & RODGERS LLP
    3125 Old Conejo Road
    Thousand Oaks, CA 91320
    (805) 230-2525
    rar@sdresq.com
    www.sdresq.com

    As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.

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