Legal Question in Civil Rights Law in California

Real Estate Inspector question

Hi, we are learning a lot after buying our first home. We did not do the inspection with the inspector; my husband just met him towards the end. He did not report the water heater was inside the home at an illegal amount of space to the bedrooms. We were informed by our plumber after moving in about this. Now going on four years later we are informed that the structural beams in the attic are broken in plain sight and there have been recent attempts to cover this up. We also found that the beams for the garage are broken and covered up with drywall that was mismatched and strategically place just to cover up damage, but I let that go to, but now that the roof over our heads is in danger of collapsing I need to know my right. Please help guide us to any right we may have.


Asked on 3/17/08, 4:22 pm

3 Answers from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Real Estate Inspector question

You really need to consult with an Attorney ASAP. More than likely you have missed or are very close the statue of limitations.

Good Luck!

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Answered on 3/18/08, 3:14 pm
Marco Cosentino Law Office of Mark J. Leonardo

Re: Real Estate Inspector question

Business and Professions Code 7199 states that you have four years from the date of inspection to sue a home inspector.

You mention "recent attempts" to cover up damaged beams. How recent? Did these attempts take place prior to your purchase?

If you have a cause of action against the home inspector, you better move quickly.

I believe that your claims against the agent and seller of the real estate for failure to comply with statutory disclosure requirements will be barred by the applicable statute of limitations. (It seems as if you had three years from the misrepresentation (Cal. Civ. Proc. 338(a)).

However, one has three years to sue for fraud, and the three year period begins upon discovery of the fraud. (Cal. Civ. Proc. Code 338(d)).

Therefore, you may have a valid cause of action for fraud if filed 3 years of finding out about the fraud.

Based on the facts given, it is not possible to say whether or not you have any viable claims.

Feel free to contact our office.

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Answered on 3/17/08, 5:45 pm
Terry A. Nelson Nelson & Lawless

Re: Real Estate Inspector question

Four years later you're now complaining? You had a limited time to bring a warranty claim against the builder. You'll have to consult with a real estate litigation attorney to see if there are any remaining remedies available, based upon your provable facts. Possibly fraud in concealment by the builder, and negligence by the inspector - but time limits on them are close, if not past. Feel free to contact me if serious about finally getting legal help.

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Answered on 3/17/08, 5:56 pm


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