Wednesday, April 19, 2017

[CA] Seller did not disclose problem discovered during their 3 days to move after close of escrow. Am I being advised appropriately? RealEstate

This is sort of an update from my previous post in /r/homeimprovement but there are new facts and I am hoping to get your guys' thoughts as well. Check out http://ift.tt/2nR7BCx for pictures. Sorry, this is long, but here are the facts:

  • The owner of the property is also the agent. She is licensed, and I will be referring to this person as "seller"
  • Inspection is performed during escrow period but refrigerator is not moved to inspect the inaccessible area
  • On the Real Estate Transfer Disclosure Statement and Seller Property Questionnaire, the seller notes she is not aware of presence of mold
  • We close escrow on 3/28 and per our contract/agreement, we allow 3 days after close of escrow for the seller to move
  • Seller moves out on 3/31 and they take the refrigerator (to which it was agreed), and we get keys
  • On 4/3, I discover water damage, mildew, and what I think is mold on the wall behind the refrigerator and immediately contact our realtor (note: I was out of state from 3/31 to 4/2)
  • Our realtor contacts seller and notifies seller of issue. My wife and I are not part of the discussion during this time, but there's a lot of back and forth between seller and our realtor (note: discussions are cordial in nature according to realtor)
  • Our realtor tells me the seller acknowledges she noticed water dripping from the valve on the refrigerator ice maker box after the waterline was disconnected but did not think much of it or disclose to me or my agent
  • Also, according to our realtor, the seller states she'd like to help repair this issue
  • Our real estate risk management team and realtor contact an inspector, samples are taken, a lab analyzes them, and it is determined there are 3 different types of mold spores within the walls. The cost to remedy mold is $600 plus $250 for post-treatment air test. But there's also wall repairs needed, the cost of which has not been estimated
  • The seller now says she is only willing to cover $600 and that's all. We get an estimate for the entire repair of removing mold and replacing/painting drywall and the grand total is $2,300. The seller is not currently aware of the final cost yet
  • RE Risk Management advises us to send a letter of demand requesting for $2,300 due to: 1. This is a non-disclosure issue since the seller acknowledged to my realtor she discovered the problem during their move; 2. This is a pre-existing condition and seller is liable (but they are not attorneys so they can't determine legal liability); and 3. The seller is not just an owner, she is also a licensed real estate salesperson, so she is held to a higher standard
  • We're also advised to send a letter of complaint to BRE

We haven't sent out the letter of demand or the complaint to BRE yet, but we plan to do so tomorrow. In the mean time, the repairs will be taken care of by us. So, what do you guys think?



Submitted April 20, 2017 at 02:38AM by DoctorHousesCane http://ift.tt/2o57Ltg RealEstate

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