House seller and property inspector advertised particular building material, but suddenly when I’m about to close seller admits it’s different
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House seller and property inspector advertised particular building material, but suddenly when I’m about to close seller admits it’s different
Listing agent originally stated part of the house was built with a particular material. Two property inspections verify the same material in their reports. Then right as I’m about to close (already paid down payment), seller tells me the material is actually fake material that looks like the real thing (hard to spot upon casual observation but now that I know, I can see it’s quite obviously fake). This seems like a bait-and-switch – do I have any recourse against the seller for false representation? Or against the property inspectors for an incorrect report?
Asked on June 5, 2009 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
If the specific type of building material was listed in your purchase contract then yes, you have rights. Not closing for one thing if this is deemed to be a major breach or, at your option, at least getting an adjustment in the sales price. If it was not a condition of the purchase and provided for in the contract you may still have rights. As to the building inspector, you may also have a cause of action there as well. Of course you would have to prove damages to some degree. At the very least you could try and get a refund of the cost of the report.
What you need to do is to consult with an attorney in your area and she what they advise as to your next best step.
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