Seller/agent shady: not disclosing shoddy roof, keeping listing as "active"

[nubuyer]

What is the name of your state? CA

We're in escrow on a place in CA, and just did our home inspection. During inspection the following transpired:

1) The roof, which we were told was redone six years ago, appears to have been done by a hobbyist (wrong construction materials given the rake, shoddy workmanship all round - the inspector says we need a new roof)
2) The hot water heater has not been properly braced/installed, per CA law
3) The selling agent (or owner) has recarpeted a room (between us making an offer after viewing the property, and then returning for the inspection), seemingly with the intent of hiding the fact that moisture was seeping up through the foundation (the property needs drainage work done).

We are still waiting for standard disclosures, and have received none, and are running out of our contingency period.

Also, the selling agent continues to list the property as "active", even though it ought to be "pending".

Now, we were willing to go in "As Is (Pending Inspections)"; given all that we're finding, and the shady listing agent behavior, what legal rights do we have? Are there damages that can be sought? If they don't provide standard disclosures until after the contigency period is over, can we fight the contract based on the above? Can we continue with the sale, but petition for a new roof?

Any thoughts are appreciated.

thanks!

"...Any thoughts are appreciated...."

After all the problems you have listed, my best advice is to forget this piece of property and find one more suitable.

Now, we were willing to go in "As Is (Pending Inspections)"; given all that we're finding, and the shady listing agent behavior, what legal rights do we have?
Same as you did before; you have the legal right to buy the house, knowing all the problems there are with it.

Are there damages that can be sought?
You have not been damaged yet and if you follow my advice, you will not be.

If they don't provide standard disclosures until after the contigency period is over, can we fight the contract based on the above?
Why?

[HomeGuru]

Originally Posted by nubuyer

What is the name of your state? CA

We're in escrow on a place in CA, and just did our home inspection. During inspection the following transpired:

1) The roof, which we were told was redone six years ago, appears to have been done by a hobbyist (wrong construction materials given the rake, shoddy workmanship all round - the inspector says we need a new roof)

**A: ok.
******
2) The hot water heater has not been properly braced/installed, per CA law

**A; very simple to do.
******
3) The selling agent (or owner) has recarpeted a room (between us making an offer after viewing the property, and then returning for the inspection), seemingly with the intent of hiding the fact that moisture was seeping up through the foundation (the property needs drainage work done).

**A: make them lift the carpet for a moisture test/inspection.
*******

We are still waiting for standard disclosures, and have received none, and are running out of our contingency period.

**A: until they give a disclosure, the time period to provide the acceptance nor non-acceptance of same does not yet commence.
*********

Also, the selling agent continues to list the property as "active", even though it ought to be "pending".

**A: so what.
*******

Now, we were willing to go in "As Is (Pending Inspections)"; given all that we're finding, and the shady listing agent behavior, what legal rights do we have?

**A: none, if there is no contract. Do not accept an as-is deal.
********
Are there damages that can be sought?

**A: no.
*****
If they don't provide standard disclosures until after the contigency period is over, can we fight the contract based on the above?

**A: there is no contract to fight about.
*******
Can we continue with the sale, but petition for a new roof?

**A: maybe or you would need to present a totally new offer.
**********

Any thoughts are appreciated.

thanks!

**A: no problem.