San Diego Condominium Conversion Defect Attorneys
Negligent Condo Conversions in Southern California
Condominium conversions – projects in which apartment buildings are converted into condos and put up for sale – are very common in Southern California. In most cases, conversion projects translate into significant profits for owners and subdividers. Profits are often maximized, however, at the expense of buyers who frequently inherit substantial building defects that are neither repaired nor disclosed. The San Diego construction defect lawyers at Martinez & Schill LLP assist property owners in pursuing civil litigation against negligent condo conversion subdividers and builders.
Construction Defects in Condominium Conversions in San Diego
When a buyer purchases a condominium in a condo conversion project, California law (Civil Code 1134) requires the converter to disclose any and all substantial defects to major systems in the unit or common areas of the premises prior to the transfer of the title. Major systems include but are not limited to:
- Air conditioning;
- Electrical systems; and
- Other similar components.
Failing to make these disclosures will hold the owner or subdivider liable for “the amount of actual damages suffered by the buyer.” Unfortunately, such disclosures are often ignored and homeowners do not discover the significant defects until they have already moved in. Many conversion projects are to buildings that are decades old, and substantial defects can translate into hundreds of thousands of dollars in repairs. If this has happened to you, our construction defect attorneys can help.
Condominium conversion cases can be more complex than construction defect cases involving new properties because this area of the law is still somewhat undecided. Homeowners and homeowner’s associations have been successful in condo conversion construction defect cases, however, by proving negligence, negligence per se, and fraud. Converters can also be held liable for breach of fiduciary duty in failing to properly fund the project to handle long-term repairs and replacements. If the converter has failed to make the necessary repairs, it must at least fund the project appropriately to make those repairs down the road. Our San Diego construction defect lawyers understand the challenges these cases present and how to effectively represent our clients’ interests both in and out of court.
If you have purchased a condo conversion unit and since discovered substantial defects in your unit or common areas, contact us at 619-512-5995 to schedule a free consultation to discuss your legal rights. Our firm is located in San Diego, and we work with clients throughout Southern California.