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I bought a mobile home in August, had an inspection, and…

Hi, I bought a...

Hi, I bought a mobile home in August, had an inspection, and nobody told me the roof was in such bad shape it would rain in my room this week. The realtor actually told me it was in excellent shape and the inspector just put insulated aluminum on the inspection. Do I have any legal recourse to have my roof fixed?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has any paperwork been filed?

I'm not sure what you mean? like with my insurance or something?

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

I don't think so

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Answered in 5 minutes by:
1/11/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,965
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this;

In CA there are mandatory disclosures that must be disclosed by the seller (and the agent, if known). This includes any known defect that may affect the value of the property.

please see:

http://www.dre.ca.gov/files/pdf/re6.pdf

If the seller fails to make the requisite disclosures the buyer can sue for:

1. breach of contract

2. misrepresentation

If it is a material breach (so significant it is most of the contractual deal) the buyer may void the contract; if however the defect can be repaired the court will typically allow for monetary damages (cost of repair and incidental damages).

For cases under $10,000 small claims is appropriate; otherwise general civil court would be appropriate.

http://www.courts.ca.gov/selfhelp-smallclaims.htm

http://www.courts.ca.gov/

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Customer reply replied 7 months ago
what would my first step be? I have no idea what to do.

Generally first an estimate is obtained to determine the extent of damages; then a demand letter for that amount is sent to the seller and if they don't respond one would typically file a lawsuit in the county where the purchase occurred or the property is located.

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Customer reply replied 7 months ago
Thank you very much!

Most welcome;

Good luck to you and sorry you are having to deal with this so soon after purchase.

Take care.

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,965
Experience: Just Answer consultant at Self employed
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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