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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 1738
Experience:  Practicing Attorney with 10 years experience
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I just described situation. Is not disclosed Alzheimer a

Customer Question

I just described situation. Is not disclosed Alzheimer a defense for the seller not disclosing issues with the house. His son who had power of attorney and signed disclosures is general contractor. House inspector assigned by real estate agent did not identify stains in the kitchen and in hall closets in his report, AVID indicated only holes in the walls due to picture frame nails, seller disclosures were provided late and my questions were not responded to, my house insurance was cancelled.
Submitted: 8 months ago.
Category: Real Estate Law
Customer: replied 8 months ago.
Dual agent. Seller late with disclosures and termite report. Agent tells that fumigation to be done after escrow closes. Buyer does not agree to that. House inspection report does not indicate any plumbing issues despite of stains in hall and kitchen. House inspector sends alleged form I signed. My signature is forged, He did not even bother to attempt that his signature is similar to mine. Mold and water damage in the kitchen 4 weeks after escrow closes before I moved into the house leads to removal of dray walls, kitchen cabinets and insulation. House insurance cancelled by insurance company,. After rain water accumulates int he backyard damaging doors and window jambs. Termite inspection report is missing items. Termite completion report issued for 75% of items listed in termite inspection report and after escrow I'm finding out that those repairs are not completed. That is confimed by state Pest Control inspector. Appraisal issued by appraiser to justify sale price. I was excluded from the appraisal in violation of the law. Roof tiles broken and listed in after report. Real estate agent decides not to replace roof tiles and instead tells me that all repairs were completed.
Customer: replied 8 months ago.
when I can expect response?
Expert:  socallegalwork replied 8 months ago.

Hello I believe I can assist you. By your reference to the AVID form, I presume OC refers to Orange County and you are based in California.

Short answer is that the seller and the agent have a duty to disclose all materials conditions affecting the value of the property. This duty cannot be excused or side-skirted. In this case, the seller's medical condition does not excuse these duties. The seller's son had power of attorney, executed the disclosures and even was a general contractor. It sounds like the seller and agent may have liability resulting from their failure to disclose. Given the amount of damages you have described, you should consult an attorney in your area.

Furthermore, your agent (a dual agent) had a duty to deal with you fairly and not use his position to give one party an advantage over the other. With respect to pursuing disciplinary action against the agent. I would consider filing a complaint with the Bureau of Real Estate. More information on this process can be found at http://www.dre.ca.gov/Consumers/FileComplaint.html.

Customer: replied 8 months ago.
I contacted attorney and he told me that it will cost me $100,000 to litigate case. Seller claims that they did not know about any damages,. House inspector claims that he did not see any stains so he did not use moisture meter and only one general photo of the kitchen. Real estate agent told me that she did not about any issues with the house (she advertised house as pristine and meticulously maintained. OCAR completely absolved agent from any responsibility (because she did not live in the house). I already contacted DRE and I'm waiting for their response. DREA responded that appraiser did not violate professional standards when he appraised house with 41 years old appliances, stains in the kitchen and in hall closets as 20 year old property and rated it as above average 20 year old property. I do not think I want to pay for your service. I did not learn anything new.
Expert:  socallegalwork replied 8 months ago.

There are attorneys who will take a case on contingency depending on the facts. I would consider consulting with your local bar associations for possible referrals. You can find local associations in your area through the ABA website http://apps.americanbar.org/legalservices/lris/directory/. You might also try your local chamber of commerce. If you feel strongly about the facts in your case, I would encourage you to get a "second opinion."

The inspector has an interest in defending his inspection report, so I am not surprised at his response.

If the DRE does investigate and ends up setting a hearing over the matter, the results of the hearing (or just the facts revealed during the process) could help you with a civil case down the road.

I am sorry I was not able to provide you with any new insights.

If you would like me to opt out and open it up for another expert to consult with you, please advise and I will be happy to do so.

Good luck to you!

Customer: replied 8 months ago.
There is nothing new that you told me. Ocar completely egzenorated agent. They completely disregarded my complaint . I filed complaint with ca real estate bureau. Cal real estate appraisers bureau told me that nothing appraiser did qualifies as violation of standards. Real estate is fraudulent business.
Expert:  socallegalwork replied 8 months ago.

I will opt out so another expert can help you.

Good luck to you.

Expert:  Asad Rahman replied 8 months ago.

I understand your frustration. You simply resorted to complaints through agencies, but the only way to get any sort of actual legal action is to file a lawsuit against these parties. They may have conspired to ignore these issues. You also have a strong claim against the inspector. Not all attorneys will cost $100k but you can also ask that the other side pay for your attorney fees as I am fairly certain attorney fees are part of your contract for purchase.

Customer: replied 6 months ago.

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