Legal Question in Real Estate Law in California

Bought a house 3 yrs owned. Used a inspector recommend by realtor. House has major problems. Electrical not grounded. House not insulated. And after removing carpet and removing tile without any precautions. I find out it could have asbestos. What can I do?

Asked on 9/22/13, 10:38 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd think bringing suit against either the bank or the inspector is likely to be fruitless. Banks are not like owner-occupants and are therefore unlikely to be responsible for failure to disclose. A seller only has to disclose what it knows, or should have known. Also, most inspectors use contracts that have been carefully written to limit their liability for failing to report things that they were not specifically asked to look for. As to the specific defects, I'd say grounding the electrical wiring should be relatively cheap, but that'll depend upon the extent of the omission. The cost of partial insulation (ceiling and floors) might not be too bad, depending upon the house design and construction. I have seen insulation added to the walls too, but that can be quite expensive and messy. As to asbestos, you should perhaps have some tests doe to see whether it is present and, more important, how likely is it to get free.

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Answered on 9/22/13, 11:29 am

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