What is the name of your state? CA
My wife and I just purchased our first home originally built in 1949. It is a beautiful house on a corner lot, single story, brand new roof, and freshly painted. We just closed escrow 12/16/05. The seller works for a contractor so she had a friend replace the roof w/o a permit. The seller paid rent back for three days so we didn’t have a proper walkthrough until two days after escrow closed.
We had wanted to change the kitchen cabinets and the flooring and decided to hire a contractor to begin the work right away so we can move in. As the contractor began removing the cabinets and some of the drywall he noticed some termite damage. He recommended we open up the walls to see the extent. What we uncovered was extensive termite damage to the kitchen and the adjoining laundry room. The header supporting the attic was swiss cheese. We opened more walls and where the damaged ended was where new wood began to the adjoining dining room patio door wall.
The contractor said that somebody knew about termite damage and that is why they replaced this whole wall with new wood. The header which is about 8 foot long, 1.5 ft high, and about ½ a foot deep was brand new. The patio door we didn’t realize was new and dual paned vs. the other windows which were single pane aluminum. Our contractor said that this is a hard job and there is no reason to replace it unless it was severely damaged. The header supports the roof & wall. There was also new stucco and plywood surrounding the patio door on the outside.
We had Terminix come in to re-inspect how they got in and to possibly refute the previous termite report which came up negative. Terminix said that they were not able to find any obvious evidence of termites around the perimeter of the house and the crawlspace. They said the previous termite inspector filed the correct report of seeing no obvious evidence of termites entering the home and any damage.
I had the previous inspector come back to see the termite damage and re-inspect the house to see if the in fact missed anything. Results were the same and that possible entry was through the stucco and drywall.
I am trying to claim contract fraud because the seller did not disclose previous termite damage or repair to a main support structure. I have notified my realtor who notified the seller’s realtor. We did not buy “as is”. We bought on the condition all Section I work is cleared. We have to wait until we hear back from the previous inspector’ report. What else should I be doing to have the previous seller pay for fixing the termite damage? I also feel my and the seller’s realtor is not motivated to help us. When should I start involving a lawyer?
Any help would be appreciated.
Sincerely,
Ed
My wife and I just purchased our first home originally built in 1949. It is a beautiful house on a corner lot, single story, brand new roof, and freshly painted. We just closed escrow 12/16/05. The seller works for a contractor so she had a friend replace the roof w/o a permit. The seller paid rent back for three days so we didn’t have a proper walkthrough until two days after escrow closed.
We had wanted to change the kitchen cabinets and the flooring and decided to hire a contractor to begin the work right away so we can move in. As the contractor began removing the cabinets and some of the drywall he noticed some termite damage. He recommended we open up the walls to see the extent. What we uncovered was extensive termite damage to the kitchen and the adjoining laundry room. The header supporting the attic was swiss cheese. We opened more walls and where the damaged ended was where new wood began to the adjoining dining room patio door wall.
The contractor said that somebody knew about termite damage and that is why they replaced this whole wall with new wood. The header which is about 8 foot long, 1.5 ft high, and about ½ a foot deep was brand new. The patio door we didn’t realize was new and dual paned vs. the other windows which were single pane aluminum. Our contractor said that this is a hard job and there is no reason to replace it unless it was severely damaged. The header supports the roof & wall. There was also new stucco and plywood surrounding the patio door on the outside.
We had Terminix come in to re-inspect how they got in and to possibly refute the previous termite report which came up negative. Terminix said that they were not able to find any obvious evidence of termites around the perimeter of the house and the crawlspace. They said the previous termite inspector filed the correct report of seeing no obvious evidence of termites entering the home and any damage.
I had the previous inspector come back to see the termite damage and re-inspect the house to see if the in fact missed anything. Results were the same and that possible entry was through the stucco and drywall.
I am trying to claim contract fraud because the seller did not disclose previous termite damage or repair to a main support structure. I have notified my realtor who notified the seller’s realtor. We did not buy “as is”. We bought on the condition all Section I work is cleared. We have to wait until we hear back from the previous inspector’ report. What else should I be doing to have the previous seller pay for fixing the termite damage? I also feel my and the seller’s realtor is not motivated to help us. When should I start involving a lawyer?
Any help would be appreciated.
Sincerely,
Ed
