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I have a home built in the 90's the ventilation is not to…

Customer Question
I have a home...

I have a home built in the 90's the ventilation is not to code and have mold do I have recourse with the builder, I am in Calif.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No I spoke to builder and he is very well thought of in our area. I was looking for my position prior to negoicating with him.

Lawyer's Assistant: Where is the home located?

Oroville California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think not

Submitted: 2 months ago.Category: Legal
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Answered in 5 minutes by:
3/22/2018
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,232
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 2 months ago
Ok thx
Lawyer: Legal Eagle, Lawyer replied 2 months ago

I'm sorry to hear about that. Unfortunately, I don't think that you would be able to bring an action here.

This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach.

The only problem is that there is a four year statute of limitations for breaches of contract in California. Thus, because it was built in the 90s, the time to sue them on this has passed so if you approached them, they probably wouldn't work with you. I'm very sorry. Please don't shoot the messenger and if you have anything to add that may change this, please let me know.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 2 months ago
I purchased this home in 2007 I was told a escrow there where issues with the home inspection so the owner had the contractor put in a fan system under the home the problem is the venting is not enough , I believe it was fraud by the owner and build they got it by due to their relationship.
Lawyer: Legal Eagle, Lawyer replied 2 months ago

I hear you. This sounds like it was fraudulent misrepresentation if that is the case. When did you discover the defect?

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Customer reply replied 2 months ago
Two years ago at least , l brought it to the builders attention
Lawyer: Legal Eagle, Lawyer replied 2 months ago

This appears to be a case of fraudulent misrepresentation. Basically, fraudulent misrepresentation is when someone intentionally makes material statement or makes a material omission that induces someone else to enter into an agreement. The other party can also be held liable for negligent misrepresentation if they state a fact that induces the other party to enter into an agreement without having reasonably checked on the accuracy of their statements. A fraudulent or negligent misrepresentation can lead to the rescindment of a contract in addition to a payment of damages to the other party who was misled. Keep in mind that this is different than what is known as “puffing” in sales terms which generally allows salespeople to give their opinion on a product or service. For example, it’s not against the law to say, “I believe that this product is the absolute best on the market.” The only exception would be if they made misrepresentations to the safety of a product.

I don't think any of those situations apply here. If you found it two years ago, then you're in luck because the statute of limitations for this is three years in California. Because owners and agents are required to disclose defects with the property, their failure to do so could lead to damages that result in their paying to remedy the matter.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 2 months ago
No thank u
Lawyer: Legal Eagle, Lawyer replied 2 months ago

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