Real Estate Law
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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.
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!
I will opt out so another expert can help you.
Good luck to you.
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.