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I bought a house; the transfer disclosure did not disclosure the defects of the house. Now I want to sue
Anonymous4 views4 answers
I wrote a letter to the seller. Their attorney said that according to civil code section 3343 the proper measure of damage for a breach of contract or fraud action in a real estate transaction is the difference between the actual value of that which which the defrauded person parted an the actual value of what was received. he claims that the house which i purchased was selling for more than what i paid for at that time and therefore I wont be entitled to anything. this doesn't seem to make make sense why an owner can defraud a person and not pay for their fraud. can someone explain? perhaps there is another cause of action i have ??
That can be a defense to the action if a lawsuit is filed. What do you want to accomplish? If you want to back out of the transaction, you could sue for rescission. You can sue for the cost of the repair that need to be done. This is not like the lottery, where you win large sums of money by buying a ticket. Bring all of your papers from the sale, including the TDS and any proof of things not disclosed, and meet with a real estate attorney.
It would help to know what was the defect that wasn't disclosed and how much would it cost to fix it. If it's less than $10,000, then you're in Small Claims Court. I'm sure that you feel betrayed or cheated (I would too), but there isn't a legal remedy for that. Courts award money based on how much you were damaged.
Laurie PetersDivorce / Separation LawyerCamarillo, CA ·
You should talk with a local attorney. There are many legal theories that can be asserted, but time is of the essences. If there is truly fraud, then you can get punitive damages for the bad behavior. There are other legal principles, but without all the facts, a review of the contract and a discussion with an attorney, it would be difficult to know. Some attorneys will agree to an initial free consultation to determine what you should do.
You may also be able to sue for fraud and Punitive Damages. You may be able to cancel the sale as well.
A full consultation, including a thorough review of the documents involved, would be necessary to properly advise you.
I am a real estate broker in addition to being an attorney.
