Home Buying in Pomona>Question Details

Pamela Santos, Renter in Diamond Bar, CA

Concealment At Disclosure Statement

Asked by Pamela Santos, Diamond Bar, CA Mon Oct 21, 2013

I purchased a home from a property investor. Disclosure says work to remodel was performed on the property but no work was unpermitted. We quickly learned after moving in that the pipes were too small - we have very limited access to water - and that there is a gas leak because of the poor work performed on re-doing the kitchen. Listing agent won't help, my don't really have any helpful solutions. Seller says he will help fix but keeps re-scheduling. Any suggestions other than hire a lawyer?

Help the community by answering this question:

Answers

5
BEST ANSWER
The only option that you have is to hire a real estate lawyer. Nothing else will get anything done.

Alex Greer
Loan Officer
NMLS #1056079
http://www.TheMortgageOutlet.com

408-352-5147
AGreer@TheMortgageOutlet.com
1 vote Thank Flag Link Mon Oct 21, 2013
Dear Pamela,
This is a very unusual problem, and I would imagine your inspection did not uncover the "size" of the pipes used. I know it seems extreme, but it's very possible that more of the "work" is poor quality and you have to protect yourself now and hire a Real Estate attorney before it goes any further.
1 vote Thank Flag Link Wed Oct 23, 2013
DEPENDING ON THE TOTAL COST INVOLVED TO REMEDY THE PROBLEM, I WOULD SUGGEST FILE A SMALL CLAIMS ACTION AGAINST THE OWNER, SEE SMALL CLAIMS PRESENT MAXIUM LIMIT ALLOWED AT SMALL CLAIMS.GOV WEB SITE.
IF I REMEMBER CORRECTLY YOU HAVE 1 YEAR FROM DISCOVERY TO FILE THIS CLAIM, YOU MUST 1ST GIVE THE OWNER A DEMAND LETTER TO CORRECT THE WORK.
IT WOULD BE ADVISED TO OBTAIN ESTIMATES FOR ALL CORRECTION FROM A LIC’D CONTRACTOR SPELLING OUT THE DEFECTS, AND COST’S, AND USUALLY THE COURT LIKES TO SEE MORE THEN ONE ESTIMATE. NOTE: MANY TIMES A CONTRACTOR WILL DISCOVER OTHER DEFECTS OR CODE VIOLATIONS.
YOU MAY WANT TO GO TO THE CITY BUILDING DEPT. AND ASK TO REVIEW ANY BUILDING PERMITS TAKEN ON THE PROPERTY. THIS MAY FURTHER ESTABLISH YOUR CASE AGAINST THE OWNER IF NO PERMITS WHERE TAKEN.
IT IS NOT YOUR RESPONSIBILITY, BUT IF THE SELLER HIRED A LIC'D CONTRACTOR, HE MAY HAVE A CLAIM AGAINST THE CONTRACTOR TO REMEDY THESE DEFECT'S, BUT THAT IS NOT YOUR CONCERN NOR RESPONSIBILITY.
I AM NOT GIVING YOU LEGAL ADVICE BUT ONLY A SUGGESTION.
0 votes Thank Flag Link Wed Oct 23, 2013
Thank you.
Flag Wed Oct 23, 2013
Your 1st course of action is to politely invite the listing broker to cooperate in coming to a resolution. Depending on the sellers motivation there will be little support there; they probably believe they made full disclosure... If there was "concealment" from the broker seek to hold the broker responsible... After all the broker has a "Licence" to protect...!
0 votes Thank Flag Link Tue Oct 22, 2013
Contact a Real Estate Attorney or file in Small Claims Court... depending on your loss it can be a cheaper resolution...! Make sure and file a complaint with the DRE. The Broker needs to be held accountable...!!!
Flag Wed Oct 23, 2013
Thank you but the listing agent is mean and absolutely rude. My first call she told me she's surprised to hear from me as I have no reason to call her.
Flag Tue Oct 22, 2013
Talk to the contractor that did the work. See if they are licensed.

J.R. Thrasher
http://www.SanDiegoRealEstateVeterans.com
619-929-0105
0 votes Thank Flag Link Mon Oct 21, 2013
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer