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Peter Nixon Brewer

Peter Brewer’s Answers

2 total

  • I recently bought a house closed in early Nov. Due to the recent rain storm, we found out that we have a leaky roof. Water came

    in through the kitchen ceiling and the floor was very wet with water. My realtor contacted the previous tenants and found out that the leak has been going on for the last two to three years, and the seller and the property manager would have handy...

    Peter’s Answer

    I am sure you realize that a Seller must disclose to you "all material facts that would affect the value or desirability in the mind of a reasonable buyer." Because the Seller has concealed or omitted a known defect the Seller is liable to you. Your purchase agreement likely has a provision requiring mediation, and an arbitration clause that must be elected to be invoked. The agreement will also have a provision for an award of attorney fees to the prevailing party. Thus you can recover the cost of the dispute. Our office can advise you on all these things and fight for your rights. Call or e-mail our office manager, Jessica, at (650) 327-2900 x 10, or Thanks for inquiring.

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  • Is the property manager or the owner responsible to pay money judgement awarded to tenant due to a lock out

    tenant took manager to court and a judgement was awarded against the manager

    Peter’s Answer

    The owner is responsible. The manager is the agent of the owner. Unless the manager was acting outside the scope of the agency, meaning his role as property manager, then the owner bears the responsibility. There must be facts that you have left out, because it seems irregular that the Court entered judgment against the manager. Given that, your recourse may be against the manager alone, or you may need to bring further proceedings to have the owner named as an additional judgment debtor.

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