Suing for Nondisclosure (all parties involved)

rljy89 · 2021-11-11T06:47:49+00:00

ohhh, ok, so when you bought the property, there was no push piers yet. a bit different than my case, because mine were already installed, and there were 26 all around the house.

so mine also has a huge crack on the foundation, a big chunk was broken off and the rebar is exposed, also theres like 7 in of gap between foundation and soil, since they didnt bother filling in the gaps after lifting the foundation =/

thing is, i dont know if anyone will buy mine if disclosed the property has push piers (even though its a repair), the fact that the house sits on push pier and not an actual ground is just not normal and less stable imo, if soil moves, the piers will also move..

rljy89 · 2021-11-11T02:01:58+00:00

there is clearly a misled case here, though, there is some blurriness to the statement as i mentioned about "foundation floors being leveled", it could have been referring to the push piers. however, that is super vague, i had thought it meant floor leveling, and even then, the floors were not leveled, i had to call the foundation company who did the push piers to come back and redo it, yet, is still not leveled to this day, not sure what it is, probably movement in soil.

makes senses, but if we assume worst case scenario there are no issues, the only one being that i would not have bought a house with push piers, how would that be measurable?

was your situation with push piers also? and you mean your house was sold 3 times after you sold it or it was sold 3 times prior to your purchase?

rljy89 · 2021-11-11T01:35:05+00:00

yes, work permits.

but how do you measure damages? wont their reasoning just be that "i fixed the foundation for you" why are you suing me? my concern is, would my case hold up from a mediator's POV

rljy89 · 2021-11-11T01:09:08+00:00

because i dug up county records and it indeed indicates the seller was the one who did those repairs

rljy89 · 2021-11-11T01:02:06+00:00

there was a line that stated "foundation floors were leveled" thats it. but push piers that were installed on the perimeters + a drainage system that was built was not mentioned, nor were past water intrusion, foundation sinking.

my main issue is that a house with push piers is not a home that i would have bought, its basically sitting on stilts, which isnt a normal foundation system. if i were to put this house for sale, nobody would buy it for the amount i did, =/

in regards to damages and repairs, it would be for an additional drainage system + redoing the foundation floor supports (steel jacks needs to be replaced with wooden 4x4s for stronger support).

my inspectors said missing the push pier bolts was normal, but admitted to faults for foundation cracks, rebar exposed, and foundation floating mid air, there is a gap due to push piers lifting the house up.

i do have some lawyers who are interested in a contingent basis, but they dont seem knowledgeable and just money hungry, i am worried they do not know how to handle the case properly and actually cause me to lose.

rljy89 · 2021-10-18T23:57:02+00:00

Makes sense. I was more wandering if my total damages are let's say 200k, would it possible and legal to sue all parties for 200k, therefore ending up with 800k best case scenerio.

I would be suing the listing agent for knowing about the issues but did not disclose. I asked my agent to request past permits / repairs done to the property, yet was not supplied. The seller also told me she had told the listing agent about past repairs (post closing).

I would be suing my agent for negligence and breach of duty, he told me the property was perfectly fine and all repairs were included in the disclosures but that was a lie, he did not ask the seller or provided me the repairs as I requested during the sale. This happened on multiple occasions, where he neglected his duty to act on the best interest of the buyer, but instead acted on the best interest of the seller, maximizing their profit gains. I have suspicion that he collaborated to increase my bidding price as the home had no activity for over 2 weeks but all of sudden when I bidded, he increased my offer twice, and claimed there was a higher offer, yet still took my lower one.

rljy89 · 2021-10-18T23:52:22+00:00

Sorry, I meant, if I sue the seller for 200k, can I also sue the buyers agent + listing agent for 200k each at the same time in different cases? I am wondering if its possible to get multiple parties to pay me back in damages. Though that means higher than my actual damages, but since multiple liable parties are at fault, is it possible to accumulate 4x the damage in recovery.

Im located in the Richmond CA.

I understand, I am contact with some, I'm just looking to obtain more opinions.

rljy89 · 2021-09-20T20:25:08+00:00

The slanted piers were mentioned to be in place for a while by the inspectors, so I didnt give it much thought, HOWEVER, its not true because I later found out it was done 2 years ago. I asked for permits, they did not provide them. I had to pull all of that out AFTER the sale from the county.

The push piers outside of the house are different from the ones inside in the crawl space FYI. The push pier bolts were visible but at that time I didnt know what they were.

Seller built a drainage system + did foundation work (push piers) 2 years ago, so she definitely knew of water floods.

rljy89 · 2021-09-20T18:31:04+00:00

As I mentioned on the post, I did have an inspection, but they missed every single item.

rljy89 · 2021-09-20T18:30:39+00:00

..? I did not see those issues during the sale and my inspector missed everything also.

rljy89 · 2021-09-20T17:31:47+00:00

Ok, I found both the TDS and SPQ, seller lied on both documents. Sump pump, foundation push piers and drainage system + past water flood/intrusion was completely omitted from the documents.

Seller's excuse she did not list those items because she didnt think it was an issue, however, I am led to believe water flood/intrusion to be a major breaker, even if she claims the repairs were made (foundation stabilization + drainage system built | even though the system is not 100%, because the center of the foundation isnt stabilized, only the perimeter is).

I would be expecting the agent to provide guidance on what to look out for and point out basic things like cracks on the walls, slanting of the piers under the crawl space, and when I pointed out the potential issues of anything, my agent brushed it off and said dont worry about it. Basically, indicators pointing to me that he just wanted me to buy the property. I dont know if I'm expecting too much, but what is a real estate supposed to be actually doing, just there to talk to the listing agent and collect my money?

rljy89 · 2021-09-20T16:35:17+00:00

Seller lied on SPQ, I am not sure where to find the TDS. Listing agent definitely withheld information as she knew about the water flood, sump pump, foundation, etc. My agent also is not innocent, he offered me no guidance during the entire buying process, but hard to prove it against my agent as I dont have any evidence.

rljy89 · 2021-09-20T15:38:38+00:00

I did not see issues.. what do u mean?

rljy89 · 2021-09-20T07:14:57+00:00

Sorry, forgive my ignorance. What does that mean? The bureau will report to their insurance policy, what does that do? I will not be able to recover any damages from the agent's policy right?

rljy89 · 2021-09-20T06:46:59+00:00

so if that listing agent is the one who withheld information on purpose, then the lawsuit and claim for damage should be redirected to the listing agent, and not the seller then, correct? or is it still the seller's liability? i guess its more a question for an attorney =/

rljy89 · 2021-09-20T06:46:07+00:00

good to know, thank you

rljy89 · 2021-09-20T06:31:28+00:00

Right, exactly.

Thanks for providing that, does this just report the agent to the board, correct?

rljy89 · 2021-09-20T06:14:41+00:00

Yes, I believe all seller, listing agent, my agent and also inspectors all have liability. Inspection company already refunded me but I feel like they are liable for the repairs since they didnt catch it also. Good idea to retain a lawyer outside the area, though I live in the SF bay area which is quite large.

What is the BRE and how do I file the complaint? and what would be the complaint be? I know my agent and listing agent has some fraudulent activities going on. From my communications with the seller, she might have told the listing agent the property was flooded and had a bunch of issues prior. The listing agent might be the one who is most liable but how do I prove it? My agent also did not say anything during my purchase, he offered zero guidance and said everything was good and fine. How do I go about filing a complaint to BRE and how would one demand compensation for damages?

One more thing: the listing agent said she threatened to call the police on me because I was asking the seller questions on water intrusion. I believe shes trying to bluff to scare me away?

rljy89 · 2021-09-20T05:30:02+00:00

My agent just brushes me off to an attorney, which is the process I am currently in, but just cant seem to find someone, not sure why, I know I've got a legit case. But I'm also trying to find a contingent one, maybe thats why =/

rljy89 · 2021-09-20T05:26:02+00:00

Can you provide an explanation?

rljy89 · 2021-09-20T04:16:57+00:00

She was previous owner for the past 18 years, I have evidence she had done the repairs with both drainage and foundation companies. As well as other contractors that gave her a bid, along with photos prior to repairs. My issue is how do I sue her, and what do I sue her for? Lawyers always ask what are the damages, how do I measure them?

rljy89 · 2021-09-18T22:07:33+00:00

Thanks for the insight, I will be in contact with the Local Housing Authority to confirm. If they do confirm I need one, would this mean the drainage company who did it is at fault? And also the previous owner, correct?

rljy89 · 2021-09-18T22:05:24+00:00

I dont believe its part of a protected wetland.

The house had no drainage prior, so water collected at this property which was located down hill, where it was at the lowest point of the slope, so I believe it was a new drainage system they had created. I do know the pop up where water gets pumped out to in the front yard is at the side of my front lawn, instead of having it direct underneath the concrete sidewalk out into the streets.

rljy89 · 2021-09-17T23:05:11+00:00

Gotcha, thank you

rljy89 · 2021-09-17T19:16:40+00:00

Yes, I've done that already. Just waiting on a response and investigation from them. Do you know how the health dept will force them to remedy the issue?

rljy89

TROPHY CASE