Here’s how the vast majority of these kinds of suits flow. After filling out lots of forms and possibly a lengthy interview with a paralegal, you will be asked for access to your home for one, possibly more, visual inspections. You may then be asked for access to your home for invasive testing. The inspections and/or invasive testing will be conducted by numerous experts hired by the attorneys. You may or may not hear anything for up to a couple years. You may then be required to make your home available for similar inspections by the defense. Eventually you will be asked to sign a settlement agreement, where the attorneys will get 1/3, the expert’s fees will eat up another 1/3, and you’ll get a little check, and you’re on your own to take care of repairs. Rarely is then net settlement to the homeowners more than $10K.
With legislation in CA that went into effect over 5 years ago, many of your possible claims are beyond the statute. Some of the larger ones remain. They experts will find things wrong with your house. They always do. That’s what they get paid for. What they find may or may not have anything to do with specific complaints you have, as they’re rarely told what your complaints are.
Selling your home during the pendency of the litigation can be a problem. Lenders are sometimes hesitant to lend on properties that may have defects.
If you settle, your lawyers may or may not disclose to you what specific issues on your home were discovered and made part of the litigation. (Some lawyers do, some don’t.) If they don’t tell you, don’t ask. You’ll be required to disclose anything you know, upon sale of the property.
