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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33068
Experience:  30 years of real estate practice experience.
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I bought a house in Del Mar C that had been gutted and

Customer Question

I bought a house in Del Mar C that had been gutted and granite, and beautiful sinks
and floors and roof were installed. We had an inspection and the estimate for repairs of the most essential were over $8,000. Owner agreed in paying half of the repairs and reduced property by $4000.00. Ten days after closing and the first rain storm came down and
there is water coming in between edge of roof and outside porch and down the pillars
holding up porch. Inspector says that it is impossible to know does kind of defects without actual rain. Roofer is charging over $2,000 can I go back to Seller and ask for
damages of $2,000. Or place a lien, because Seller had convey that he was broke.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Loren replied 9 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Did the seller misrepresent the condition of the roof? Do you have reason to believe they failed to disclose a known defect in the structure?

Customer: replied 9 months ago.
No, he said that there were several men doing the repairs and he gave me the name of the last roofer.
I am waiting for him to drop by and see the damages.
Expert:  Loren replied 9 months ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 9 months ago.

The seller is liable to you for the damages if they intentionally and knowingly failed to disclose the condition of the roof or intentionally misrepresented the leakage from the roof.

If you can prove that then you can recover the damages from them. You can sue in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

In order to place a lien on any of the seller's assets you would first need to obtain a judgment against them.

Expert:  Loren replied 9 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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