Expert: liznarr - 11/7/2004

Question
Hi Liznarr,


I'm also an expert on this site in boxing, so feel free to ask me a question anytime!
My problem is that I bought an older condominium (about 30 yrs. old) in east county of San Diego back in May. Through the renovation process I noticed some evidence of mildew and mold on some walls, which I cleaned with bleach and tsp solution. It didn't rain here until about two weeks ago, at which time I noticed water pooling at the base of two walls downstairs. There was water discoloration around windows in the same walls. My guess is that water must be breaching the roof and literally running down the inside of the walls, and finally accumulating at the base.

This is in addition to embedded pet stains so deep into the wood subfloor that the subfloor had to be replaced, and significant plumbing problems that will require considerable remediation (the seller left information on a post-it note indicating problems with the kitchen plumbing...after escrow closed).
The inspector never checked the roof (and I never signed the inspection report, either), and the seller did not disconnect dangerous wiring on the back porch as agreed before she moved out (I had it disconnected immediately when I took posession).

I guess my utlimate question is, does all what I have described simply fall into the "buyer beware" category, or is there any recourse available? Again, I've only been in the place for five months, and I shudder to think of what else I might discover!
The reality of replacing plumbing and removing mold from the walls, as well as the prospect of needing to replace the roof immediately is quite daunting.

Thanks Liznarr!

Lian

Answer
Hi Lian,

Wow, you do have a predicament.  My first question for you is, did you have an agent who was supposed to be representing you?  If so, you need to bring your dilemma to that agent's attention immediately.

I did an online search, and I found that California DOES have disclosure laws for a Seller.  This would override any buyer-beware category for the non-disclosure of a problem a seller knew about and failed to properly disclose.  You can view what I researched at http://www.dre.ca.gov/disclosures.htm#real%20estate%20transfer
Look under Part I (Financing and Transfer of Real Property), Section 1.  Examine the section entitled “Real Estate Transfer Disclosure Statement”  --  in particular, the Seller's Information under Part II.  Note that plumbing is a specific question on the form.

Did the Seller fill out this form in advance of your closing?  And was there any mention of the plumbing problem in particular?

This Seller, by leaving you a post-it note AFTER your closing indicating a previous kitchen plumbing problem, has misrepresented the condition of the property to you and did not properly disclose in advance of closing.  I hope you kept that post-it note in case you need it later.  (This is assuming that she checked the plumbing as operating properly on the disclosure form.)  If she did not fill out a disclosure form, my opinion would be that she violated California law requiring Seller disclosure.

Why did your inspector not check the roof?  And who hired/recommended the inspector?  Were the mold and mildew and water discoloration around the windows evident during the home inspection?  The fact that you did not sign the inspection could possibly be compromised now by the fact that you did not bring this up prior to closing and also by the fact that you did ultimately close on the property with the knowledge that the roof was not inspected.  Any issues a Buyer has with a property should be dealt with PRIOR to closing, or else your remedy AFTER closing is the Court system – which can be costly.

If you had an agent representing you in this transaction, my suggestion would be to contact that agent immediately.  Insist that he/she involve himself/herself to help you get this resolved.  (Have you previously mentioned to any agent representing you the situation about the post-it note?)  If you had representation, you are entitled to some help by the fact of the Seller's disclosure after the fact.  Hopefully you have already had some discussion about this with any agent representing you.

You can also call the California Real Estate Department and talk with one of the compliance officers about the situation of the Seller leaving you the post-it note regarding plumbing problems that were not previously disclosed.  They may not get involved in a dispute of this type, but they can point you in the right direction.

Also, if you have a Magistrate's Court or Small Claims Court system in California where you could bring an action against the Seller without having to hire an attorney, that could be a possibility for you.  Just be sure to ask in advance what the fees for this would be.  

What you want to do now is gather all the facts you can and find out exactly what your rights are, and what violations may or have occurred that you have recourse for.  If you anticipate that your repair costs will be significant, you may want to contact a good, reputable attorney in your area.

Before actually spending any money on an attorney or Court action, it would not be a bad idea to simply call the Seller (after you've done some more homework), and ask for reimbursement.  If she refuses to do what's right, follow up your request/demand in writing.  If you receive no response, you have no alternative at that point but to pursue legal action – if that's what you decide to do.

Good luck to you, and write again if you have additional questions.  If I ever have any boxing questions, I'll be sure and write you.  

Regards,

Elizabeth Narr