Legal Question in Real Estate Law in California

Re: Misrepresentation of Realtor

Although you were represented by a broker, their duty may not extend to the issues for which you are complaining. First, if a third-party inspector failed to catch the problems with the electrical outlets, then your claim is against the inspector and possibly the seller, not the broker. Unless the broker had actual knowledge that the outlets were not wired properly, the broker was under no duty to disclose this problem. Even assuming someone is liable for failing to disclose the outlets, the value of that claim is limited to the cost to repair, it doesn't allow you to undo the purchase. As far as the CC&Rs, your contract will dictate what you were supposed to received prior to close of escrow. In most cases, yes you should have received the CC&Rs, but again I fail to see how this is entirely the broker's fault. You should have demanded the copies before you closed escrow, or elected not to close escrow. That language (if you used a standard CAR form contract) was in the documents you signed, and you should have known exactly what you were supposed to receive prior to close. When you didn't get them, you should have insisted that escrow not close. Some of the blame may lay on the broker's shoulders, but three years later you may have a statute of limitations problem which may prevent a lawsuit. You need to consult with an attorney, or you could lost the right to pursue anyone who may be at fault here. One question, however; why would receipt of the CC&Rs have changed your mind, and caused you to cancel the transaction? If you can't answer that question, failure to receive them prior to close of escrow is probably a non-issue legally. As for what you should do, go to a real estate attorney immediately to have the entire transaction reviewed. Be forewarned, however, that the attorney might not find much or any fault on others' part.

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Re: Misrepresentation of Realtor

You may have an action for breach of fidicuary duty for failure to disclose if this has cost you damages. Contact me directly.