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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I had purchased my home on 06/05/2015. The property was

Customer Question

I had purchased my home on 06/05/2015. The property was inspected. After the settlement I have found that the air conditioner unit does has stopped working and I had to get someone to repair it but it still is not working. In the repair man indicated that the inspector should have caught the problem. When there is a rain storm all the windows along the side of the house has water coming in and it has damaged the walls and the floor of the house. I had an electrician come to put a 220 unit in my basement for my dryer and he indicated that when he had to come and repair and hook up the washer that there were flies coming out of the pipe connected to the utility tub and the bathroom pipes in the basement and that is why there is flies in the basement. There is a continuous span of problems since the day I moved in on June 5. I was told that I had a 90 day warranty to even walk away from this house. Is it true and what should I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Speak with your realtor right away (as well as potentially a civil litigation attorney).

If your purchase contract did indeed include a 90 day warranty, you will not want to miss that quickly approaching deadline.

Based on what you have posted, it is likely that you have a breach of contract/negligence claim against your home inspector for failing to identify what appear to be "patent" (visible) defects in the property that a home inspector should have identified in their initial inspection. The damages for such a claim are valued as either the difference in market value between what the house was sold for and what it would be worth in the condition it was represented to be in, OR, the cost of repair (a more useful measure of damages).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).