ca disclosure problems

[oneson1118]

What is the name of your state? CA. Hi everyone, we recently bought a house and subsequently found several problems that we feel should have been disclosed and I am wondering if I am right and if I have a case that might warrant going to an attorney for remedy.
I will just outline several of the major ones, if they do not look good then none of the little stuff is going to help.
The biggest thing is dryrot (serious dryrot) in the siding and trim and it is present in every wall and in the roof overhang.
Next is the pool that has a severe leak (we have to put water in every other day) we only figured out it was leaking when the winter started and we stopped swimming and the sun could not have been evaporating it at the same rate.
The next major thing is the backyard floods when it rains, if it rains for a day it can pool up to 3 or 4 inches. There is a drain but it is attached to only about 10' of pipe that just stops. (I dug it out to try and fix it and could find no line to atach to in a 5' radius.
Lastly, the previous owner built a bbq in the backyard and set the tile on plywood and when it rained this winter the tiles started popping off. If you need more info or if I have not explained it well let me know. Our agent had E & O insurance which gave us a mediator and we have contacted the sellers with a list of problems and several bids for repair. They refused mediation and hired an attorney and threatened us with fees if we take this any further.

[oneson1118]

CA I don't knoq why I am not getting any advice...did I say something wrong???? let me know if you need more detail or whatever

[mlane58]

Originally Posted by oneson1118

CA I don't knoq why I am not getting any advice...did I say something wrong???? let me know if you need more detail or whatever

Its been less than 24 hrs since you posted. Be patient as everyone here is a volunteer and it just happens to be a long holiday weekend.

[Cedrus]

If your sales contract calls for mediation, your seller is bound to mediate. However, I think your seller is not bound to do what the mediator recommends.

Your contract may call for arbitration. Did you and your seller initial all the appropriate areas for this?

Sounds like you did not get a home inspection. Correct? Or did you rely on the seller's home inspection report? A swimming pool inspection would be separate. Home inspectors usually have an out clause about not removing siding to look for dry rot. The roof overhang rot should have been caught by an inspector.

You have to prove the seller knew about these problems. Perhaps if you end up in court the seller might be guilty of negligent misrepresentation or even fraud. But don't count on it.

Sounds like you moved in close to a year ago. There could be a one year statute of limitations for you to do something.

Your agent is required to do only a superficial check of your property prior to listing. Would not put much faith in E&O money for you.