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I bought a California residence in 2009 from a flipper who…

I bought a California residence...
I bought a California residence in 2009 from a flipper who went into great detail that he would do no work on the property, sold as is. Now when attempting to refinance my mortgage I find that state law since 1991 requires water heater strapping on transfer of property. There is no bracing on the heater.
Does state law trump his disclaimers?
Where do I go for help for this relatively low cost problem?
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Answered in 4 minutes by:
2/2/2016
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Dear Customer,

State law does "trump" (has precedence over) the disclosure by the seller (there are certain types of disclosures, such as these health and safety ones) that cannot be waived by contract.

Send the seller a written demand to fix the issue, if they won't do anything, threaten to go to court.

(The California Courts have an excellent self help site for small claims matters, including all of the forms you will require (they even have a template to send a demand letter): http://www.courts.ca.gov/selfhelp-smallclaims.htm

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Customer reply replied 2 years ago
Thanks, ***** ***** emailed the seller requesting his plan by 5 pm 2/3. Of course there is a time problem here with the refinance progress. If he does not reply is there a basis for suing for $$ even though the actual cost is minor?
Thanks

You can try small claims court. Although, in general the small claims route would work for a claim of this amount, your statute of limitations has almost certainly passed (your sale was in 2009, breach of contract has a 4 year statute - probably the longest one you can work with, see: http://www.courts.ca.gov/9618.htm).

But certainly sending a demand and trying to get him to pay is worth your time (a simple email).

But if that fails, you are probably best off either going to the hardware store and buying the braces and doing it yourself, or having a contractor come and do it for you.

CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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