Legal Question in Real Estate Law in California

Realtor or Past owner at Fault?

I just purchased a home, the past owner was to repair 5 things which he never did. I ended up paying for it all. Now myb air does not work and the home warranty will not fix it, because of it not having the right maintance on it. I told them I just moved in and it was surpose to work.There is many other things, but my main question is, Who do I need to talk to? We found things wrong that the inspector did not fine. I did not hire him, the realitor hired him. Please help me if you can.


Asked on 6/24/04, 11:34 pm

4 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Realtor or Past owner at Fault?

Lets put it this way, you are not alone. You really are hired the inspector on your behalf, sell in part you really did hire the inspector. What you must do is take all of your documentation to an attorney who is experienced in real estate law/litigation. This should include, but not be limited to your contract, all amendments to the contract, your documentation applicable to your hiring of your real letter, all of the forms applicable to the seller required disclosures. Give him all the facts and then let him tell you the alternatives. You cannot do this yourself in the same way that you relied upon a realtor. Let us help you choose an attorney a lot better than you chose your realtor. More likely than not you have eight claim against both the attorney and the inspector. You definitely have a claim against the former seller. Hopefully he/she is local. It will depend upon your contract and what you approved or not in the escrow.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 6/25/04, 7:08 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Realtor or Past owner at Fault?

Just how much money is involved here? If it does not exceed at least $50,000 you probably won't want to pursue this with a lawyer.

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Answered on 6/27/04, 12:39 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Realtor or Past owner at Fault?

In my opinion, you should focus on obtaining satisfaction from the seller's broker or agent, the seller, and your own broker or agent, in that order of priority. The inspector first of all worked for the seller's broker, not for you, and secondarily, their contracts are loaded with disclaimers, so it's hard to make demands on them or sue with success. If a lawsuit is necessary, the inspector should be named as an additional defendant, but he probably will escape liability.

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Answered on 6/25/04, 1:07 am
Larry Rothman Larry Rothman & Associates

Re: Realtor or Past owner at Fault?

You may have a case. It depends on your documentation, contracts, escrow instructions, and other writings you might have. We handle cases throughout California. You may have to mediate or arbitrate the dispute. Please contact our office at 714 363 0220 on Monday morning to set up a time to review your documentation. We can review if by fascimile.

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Answered on 6/26/04, 12:31 pm


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