At Miller Law, Inc., our attorneys represent purchasers of homes involved in real estate litigation. These cases involve claims against those from whom you purchased your home or condominium, other than the builder. They involve undisclosed defects or problems with the home encountered after you move in.

HELPING HOMEOWNERS

When defects happen in new construction, homeowners can often take action against the builder in a construction defect case. But what about homeowners who bought an older home from a private party, only to later discovered defects? They have options too. Talking with a Sacramento personal injury lawyer is the best way to discover these options.

RESPONSIBLE PARTIES

Sellers and real estate agents and brokers must follow a simple rule: They must disclose known material facts which substantially affect the value or desirability of the property before selling it. Otherwise, purchasers who later discover such undisclosed conditions or defects can take legal action. The following is a list of potential defendants against whom a real estate nondisclosure case can be brought:

The seller(s)

The real estate agent and broker for the seller(s)

The real estate agent and broker for the buyer(s)

The home inspection company

The pest inspection company

MATERIAL DEFECTS

Material property defects are generally anything that would affect a buyer's decision to purchase the property at a certain price or on certain terms. Every state has its own laws on disclosures - and these laws do change - so it is a good idea to talk with an attorney about what should be disclosed and your rights as a purchaser of a residence. Your real estate agent may have some answers, but a lawyer will be able to give you more in-depth information.

There are many different types of defects which may be considered "material," including those listed below. After talking with your attorney, you may decide these should have been disclosed - whether they were a problem in the past or are currently a problem:

Mold

Roof leaks

Window leaks

Termite or insect infestation

Plumbing leaks

The presence of asbestos

The death of someone in the property

Prior repairs

Prior insurance claims

Unpermitted repairs or additions

Neighborhood noise or nuisance problems

Lead-based paint

Most of the real estate lawsuits we handle involve water intrusion / leaks and resultant toxic mold infestation. Our trial lawyers have been recognized for their success in bringing toxic mold cases on behalf of individuals who are injured or damaged by toxic mold. One notable outcome includes a November 2001 jury verdict of $2.7 million for a family of 3 living in a mold contaminated apartment. This was the largest jury verdict in United States history in a case involving personal injuries from toxic mold. More recently, and specifically with respect to real estate law, Miller Law, Inc. obtained an arbitration award valued in excess of $5 million for condominium owners defrauded in the purchase of 24 condominiums. The arbitrator also awarded rescission of the sales contracts for the condominiums.

REMEDIES FOR FAILURES TO DISCLOSE

In a real estate nondisclosure case, buyers who sue sellers over failures to disclose often wonder what remedies are available. It may be possible to settle or receive a jury verdict for the difference between the sales price and the actual value of the property when it was bought. This often equals the cost of repairs calculated as of the time of sale.

To determine damage amounts, our attorneys often consult with construction and real estate experts who can provide repair estimates and appraisals.

CONTACT US

Contact Miller Law, Inc. toll free at 916-229-6695 or contact us online. Initial consultations regarding failures to disclose, real estate and other matters are free and confidential.