Legal Question in Real Estate Law in California

Hello,

I purchased a house a few months ago and have some problems with it. I moved to a new area and didn't have a agent to work with so I used the agent that was listing the house. When it came to home inspection part of the purchase, I again didn't know of any home inspectors. I asked my agent if he new someone who he trusted to do a good job and he said he new someone that he had worked with and trusted. He inspected the house and gave it a good report. About 2-3 months later (May) we go to do some spring cleaning and discover that several widows are bad (spots in windows due to seal failure). I didn't see them at the time of inspection because all the windows have plantation shutters and I didn't look that close. But my wife did see the spots and thought it was just dirt. About the same time we received a letter in the mail from a law firm pursuing a class action suit against the company which manufactured the windows. The house at this time was just under 10 years old. I contacted the builder, the installer and the manufacturer to no avail. I then pursued the home inspector. It turns out that he nowhere to be found, didn't have a business license and used a expired contractors license that belong to someone else in a different city. Here is my question: The agent (also the broker) procured and hired and paid for the inspection, as well as vouched for him. If I take the agent to small claims court seeking some type of monetary restitution would I have any chance of a case? Does the agent have any liability in this situation? Thank you very much


Asked on 9/16/10, 9:00 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd say winning this one is something of a long shot, because recommending someone is not the same as guaranteeing them, but if you can show that the agent was negligent in a duty he owed to you, or that there was collusion to defraud you, you might prevail - or get a settlement offer. Small claims results are unpredictible because the rules are loose and the judges tend to decide based on gut feel rather than strictly on the law, and they often lack experience.

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Answered on 9/21/10, 9:57 pm


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