Question: So me and girlfriend bought a condo almost 2 years ago. There was a washer dryer and hardwood floors in the condo. Both were not properly installed and go against the hoa rules. The seller did not disclose any of this to us, and the repairs to get these items approved will be costly. Can I go after the seller for not disclosing these items? Answer: That's a really good question. This kind of thing often comes up. A seller has a duty to disclose known material defects in the property during the sale. It has to be known. "Know" is a pretty high burden to prove. You'd need to know they installed it, basically. Material is also sometimes problematic. It is hard to know whether a $5,000.00 problem for a $400,000.00 home is truly material. The other things to keep in mind are: cost of pursuing (hiring an attorney, personal time) and the mediation/arbitration provision. If you make a demand to them and they refuse, the next step should be to mediate. Generally, by contract, if you don't agree to mediate, you lose your rights to attorney's fees as the prevailing party.
How to prepare your case for litigation. There are a few best practices for litigation. I recommend taking a log of events right after the event happens. If you write down what happened, it may be admissible or it could help refresh your recollection. Another thing to is CYA, or Cover Your Avenues. When you have an agreement with someone or a conversation, you should follow that up with an e-mail or letter stating the essence of the conversation. You should also consider consolidating your evidence and compiling a summary of events. Think about witnesses or documents which prove your case.
This is one of the most difficult questions because there are so many variables. Lawsuits are expensive. Some can resolve quickly. Other controversies are long drawn out processes. Going to trial generally costs over $80,000.00 in legal fees and costs. About 2% of cases go to trial for various reasons. Richards Law starts with a refundable retainer.
This article was published in the California Lawyer's Association Real Property E-News HERE. LIAR LIAR By John S. Richards “What does your Daddy do for a living little boy?” “He’s a liar.” “D
I just love that 1997 film "Liar Liar" with Jim Carey. It has really affected my view on being an attorney.
Join ME and the CLA Real Property Law Section for a Monday Morning pick me up with Peloton! REGISTER HERE! Kendall Toole, an instructor at Peloton will guide you through a live 3