Home Buying in Reseda>Question Details

Stephanie, Home Buyer in Reseda, CA

Just closed escrow and got the keys late last night..

Asked by Stephanie, Reseda, CA Wed Sep 2, 2009

We just had our painter come in this morning and he finds water damage behind shower. Home inspector did not find this. What are our rights? No leak was disclosed to us.

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6
Buyers agent and contact inspector difficult to state unless all information is reviewed from inspection report any disclaimers made


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0 votes Thank Flag Link Thu Sep 10, 2009
Did you do a "final walk through?" How much time passed between the home inspection and the closing? What was/is the cause of the water damage? Did the owners occupy the home up to closing?

The seller's responsibility is to disclose all "known" facts that materially effect the property. While the buyer may conduct an inspection and final walk through to evaluate the condition of the property.

Our recommendation is to begin by reviewing your situation with the home inspector.
0 votes Thank Flag Link Tue Sep 8, 2009
Matthew's answer is best. Give the home inspector a chance to defend it or repair it. Just in case, photograph the leaking area and document everything. Was the home occupied or vacant? Did you and your Realtor do a walk-through (and a diligent visual inspection) a few days before possession of the home?
0 votes Thank Flag Link Wed Sep 2, 2009
Hi Stephanie,

The first step I would recommend is to have the property inspector that you hired take a second look at the damage. They will need to determine if this was a pre-existing condition. If this was a pre-existing condition and the inspector just missed it, then you can ask for the inspection company to cover the cost of the damage. If you fix it and then try to have the inspector take a look at it, it will make it less likely to determine if this damage was pre-existing. If the inspection company gives you hard time, then I would recommend that you contact an Attorney that specializes in Real Estate law. Good luck!

Matt
0 votes Thank Flag Link Wed Sep 2, 2009
You should call an expert to check it out (not your inspector). If the leak has caused damages to the walls or floor, that means the seller knew about it and must have fixed it or disclose. In different states the laws and regulations are different. If it's big damage I would seek legal advise.
0 votes Thank Flag Link Wed Sep 2, 2009
I believe that you would have to prove that the buyers were aware of the leak.
I would advise that you call an attorney.
Sorry
0 votes Thank Flag Link Wed Sep 2, 2009
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