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.
Real Estate Attorney
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.
Richard A. Rodgers, Esq.
SHANE, DIGIUSEPPE & RODGERS LLP
3125 Old Conejo Road
Thousand Oaks, CA 91320
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