Legal Question in Real Estate Law in California

We had purchased a house in California approximately 7 years ago. We had been noticing issues with moisture (sweat on walls in

rooms, etc). We had the roof inspected (with no issues discovered) and had a couple of other contractors take a look to see

if they could find a cause. Upon one recommendation, we had the ground within the crawl space of the home trenched and a sump

pump installed to remove any water that could potentially pool under the house. Through the help of another contractor, we

discovered that a moisture barrier was not used on the outer walls of the house. Is there anything we can do regarding the

improper construction of the home?


Asked on 9/09/22, 12:48 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

It depends on how long ago it was constructed and whether you have evidence that would prove in court the seller knew about the lack of moisture barrier and failed to disclose it.

The limitations period for defective construction is 10 years from issuance of the final permit of occupancy. Fraud is three years from discovery you were defrauded.

And of course in either case you have to find them and hope they have money or insurance.

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Answered on 9/10/22, 9:06 pm


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