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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