Usually real estate contracts provide that a seller sell a house in "broom clean" condition. Also there's usually an inspection shortly before closing.
Have you contacted your RE agent, so they can contact the seller's agent? If the damages are substantial, review what your contract says about dispute resolution, and then see a RE litigator for help to make sure you comply with your contract's requirements.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
It will depend on what your contract says. You should definitely have your real estate agent review it. If your real estate agent can't help you, you should speak with an attorney.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement. You should seek the advice of competent counsel before taking any action related to your inquiry.
the Real Property Law requires sellers of residential real estate, with certain exceptions, to provide a Property Condition Disclosure Statement to the buyer or agent prior to the buyer signing the contract of sale. The real estate law requires the seller, based on the seller's actual knowledge, to answer dozens of questions concerning legal, financial, and physical characteristics of the home in question. The form required by the statute provides that a knowingly false or incomplete statement by the seller may subject the seller to claims by the buyer prior to or after the transfer of title.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.