If the seller of my condo did not disclose previous water damage, what are my options and rights?
Question Details: I bought a condo 2 years ago in CA. Nothing was disclosed about the previous water damage happened 3 years ago from a leak in the laundry room in the condo upstairs. I have the disclosures from the unit above me that has mentioned the insurance claim. Before I bought the condo, an inspection was done and nothing was found. They had already repaired the damages and did not disclose it. Can I sue them in the small claims court? If I get a lawyer will the attorney fee recoverable if I win the case? what is the timeframe that I can file a lawsuit? I want to know what are my rights and options.
Is there current damage? If there is, and it was not disclosed (and also not obvious when you and/or your inspector viewed the unit), you could sue for the cost to repair based on the nondisclosure. Or if there is a persistent or recurrent leak that was not disclosed, you could sue for the cost to correct. But if this was a one-time event and was fully fixed, there was no legal need to disclose it, because it is a current condition in the home: only current issue or conditions have to be disclosed. And if there is no remaining damage, there's nothing to sue for anyway, since you can only recover compensation for the cost to make repairs.