Home Buying in 94070>Question Details

sguc, Home Owner in San Carlos, CA

Recourse on undisclosed work performed?

Asked by sguc, San Carlos, CA Mon Dec 3, 2012

We purchased a home this past summer and the sellers did not disclose that they put in 3 new skylights. One of the skylights was installed incorrectly and caused $1,500 worth of damages due to the rainstorm. What kind of recourse do I have for this? Any advice would be much appreciated

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One other place to check is the roof or property inspection report, if one was ordered. The inspector can point out potential flaws and problems of a property. The seller may not know, if the sky light was installed prior to his ownership. Did the prior owner disclose to the current owner?
0 votes Thank Flag Link Mon May 27, 2013
The TDS 14 is completed by the seller and is in compliance with Section 1102 of California Civil Code, and required by law. The Supplemental Seller checklist is solely a supplemental disclosure and is not related to the purchase contract. The disclosure requirement is to list all alterations, additions and repairs made during the sellers ownership. The seller has a duty to disclose all past and current problems and it is not up to the Brokers to determine the legal sufficiency of any disclosure. Seller should consult with their own Real Estate attorneys if they need to discuss what to disclose and how to disclose it and buyers should also consult with their own attorney if they are looking for recourse on an item of non-disclosure.
0 votes Thank Flag Link Mon Mar 18, 2013
If you're concerned about a non-disclosure issue, a call to your Realtor® would be advised. Were you interested in checking permit status? Often that is suggested, but many buyers choose not to follow up on the advice.
0 votes Thank Flag Link Mon Dec 3, 2012
Elena has given you good advice. Call your insurance agent.
0 votes Thank Flag Link Mon Dec 3, 2012
Call your insurance and talk to the agent. Not much responsibility on the seller here - I don't think that they knew that the skylight will leak (or should have known that they will leak).
Web Reference: http://talisrealestate.com
0 votes Thank Flag Link Mon Dec 3, 2012
I'm not totally sure that an improvement like a skylight would have to be necessarily disclosed perse. If anyanythinghing it would be more like saying they installed a new toilet or sink. Hence, if the toilet or sink leaked and they had no knowledge of any defect they could not be held accountable. Therefore in my opinion if the homeowner wasn't aware of any problems with the skylight I'm not quite sure how they could be held accountable.
0 votes Thank Flag Link Mon Dec 3, 2012
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