Sellers didn't disclose

[sunnyside]

What is the name of your state? CA

When we made an offer to purchase a house, we indicated we want the spa to be included in the purchase. We had a home inspection and it doesn’t include the spa which is the norm. We closed escrow a month ago. We tried to use the spa a week ago and realized that the heater on the spa doesn’t work because the wiring was insufficient and because of that, the computer board on the spa burned. Now we have to spend hundreds of dollars to fix it. You may say that we should have tested the spa before the close of escrow. But who would have known this. This is not a common thing. We learn new things everyday. The sellers didn’t disclose this problem. I’m very positive that they know the spa doesn’t work. No wonder they were very happy to give us the spa when we asked for it!! So can we sue them for the expenses in fixing the spa and non-disclosure?

[divgradcurl]

Originally Posted by sunnyside

What is the name of your state? CA

When we made an offer to purchase a house, we indicated we want the spa to be included in the purchase. We had a home inspection and it doesn’t include the spa which is the norm. We closed escrow a month ago. We tried to use the spa a week ago and realized that the heater on the spa doesn’t work because the wiring was insufficient and because of that, the computer board on the spa burned. Now we have to spend hundreds of dollars to fix it. You may say that we should have tested the spa before the close of escrow. But who would have known this. This is not a common thing. We learn new things everyday. The sellers didn’t disclose this problem. I’m very positive that they know the spa doesn’t work. No wonder they were very happy to give us the spa when we asked for it!! So can we sue them for the expenses in fixing the spa and non-disclosure?

You can sue them. Whether or not you will win will depend on whether or not you can prove that they knew of the problem and failed to disclose it. If they didn't know, or if it happened after the house was sold, then they wouldn't be responsible in any way.

[divgradcurl]

One other thing:

You may say that we should have tested the spa before the close of escrow. But who would have known this.

Please. If you knew you wanted the spa, you should have taken a look at it to see if it was working. Did you turn on any of the lights to check them? Appliances? Why wouldn't you think to check the spa?