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This is a question of whether a major water leak in our

Second opinion] This is...

Second opinion] This is a question of whether a major water leak in our condo prior to us taking possession in October last year should have been disclosed. We have now learned from our neighbors that when the renters of what is now our third floor unit were away for an extended period of time, a bathroom leak in the unit caused severe flooding on the units immediately below on the first and second floor. We are told that there were several inches of water on the floor in our unit. The damage to the first floor unit was so severe that the owners there had to stay in a hotel for three months before the repairs could be completed. The owners on the second floor unit are still making their repairs. The inspection of our unit did not reveal any problems with respect to water damage, but no mold testing was made. Should we be concerned?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Los Angeles, CA.

Lawyer's Assistant: Has anything been filed or reported?

Not that I'm aware of.

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

Don't think so.

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Answered in 1 hour by:
1/15/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,509
Experience: Real Estate Attorney with over 25 years experience
Verified

Hello. Let me see if can assist you. Yes, the seller and the seller's agent should have disclosed the flooding to you as part of the seller disclosure statement so that you could have made an informed decision and conducted a mold certification.

When a California home is for sale, the law requires the seller to disclose certain information to prospective buyers. The disclosures are designed to let buyers make informed decisions about purchasing a property. If the seller or the seller's real estate agent fails to disclose the appropriate information, they could face fines and penalties for breaking the law. Disclosures are given during several steps of the home-buying process, from sellers, real estate agents and lenders.

If the seller of the property or the seller's real estate agent do not disclose what is required by law, they are liable for actual damages that the buyer suffers. The lack of disclosure won't affect the sale, but the liability for repairs and damages rests with the seller. Thus, if you conduct a mold inspection and mold is present, you can sue the seller for the mold remediation to fix/repair the damage for failing to disclose.

Hope that helps.

Please be sure to accept my response and post a positive rating.

Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,509
Experience: Real Estate Attorney with over 25 years experience
Verified
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