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The subject property is located in the City of Los Angeles, and is considered to be a landmark property. The improvements on the property were originally constructed in early 1910's. The property consists of: a Main House with a gross living area of 9,400 square feet; a Garage with a 900 square foot Guest House above; and, a 740 square foot Pool House. The three (3) buildings, swimming pool, reflection pond, fountain and gardens are situated on a 36,000 square foot lot.

The Sellers renovated the improvements in 1997 and constructed a Master Bathroom addition in 2005-2006.

During a lengthy escrow time period, in the summer and fall of 2006, the property was sold to Buyers. Several real estate inspection reports were drafted and presented to the parties during the escrow period (of about 4 months). The Buyer made Requests for Repair. Prior to close of escrow, the Seller completed the requested repairs to the property as a condition to the sale of the property.

Subsequent to the sale of the property, the Buyers began their own restoration effort on the property. During the Buyers renovation and improvements to the property, the Buyers noted various imperfections and or defects. The Buyers alleged that the defects, noted during their restoration effort, were not disclosed to the Buyers during escrow.

The Buyers alleged incurred and estimated construction costs in the millions of dollars relative to the defect repairs and other damages.

The Seller contended that all of the defects, and or imperfections, noted by the Buyer as part of its allegations, were either unknown to the Seller, were visible and / or disclosed during escrow through the various documents subject to the Real Estate Transaction.

WEXCO's Construction Disputes and Defects Team served as the Construction Expert, and was tasked to determine the following:

  • The veracity of the issue of Failure to Disclose.
  • The Scope and Cost of Work (Renovations) performed by the Sellers
  • The Scope and Cost of Work (Renovations and Defect Repairs) performed by the Buyers

As part of WEXCO's task of determinations (relative to the issue of Failure to Disclose), WEXCO performed various functions, not limited to:

  • Analysis of the Real Estate Transaction Documents, not limited to:
    • Residential Purchase Agreement (RPA)
    • Transfer Disclosure Statement (RETDS)
    • Seller Property Questionnaire (SPQ)
    • Buyers Inspection Advisory (BIA)
    • Agent Visual Inspection Disclosure (AVID)
    • Professional Inspection Reports:
  • Wood Destroying Pest Report (Termite Report)
  • Home Inspection Report
  • Appraisal Report
  • Fireplace Inspection Report
  • ...and Others
    • Correspondence

As part of WEXCO's task of determinations (relative to the issue of Scope and Cost of Repair), WEXCO performed various functions, not limited to:

  • Analysis of the Sellers pre-Escrow Construction related records and, the Buyer's post-Escrow Renovation / Defect Repair related records, not limited to:
    • Plans and Specifications,
    • Engineering reports / analysis,
    • Permit Records,
    • Inspection records,
    • Photographs and Videos,
    • Contractor Proposals, Contracts and Invoices,
    • Historic records - Insurance Claim documents, Articles ... and Others
    • Financial records, relative to the construction efforts by the parties

WEXCO has over 20 years experience successfully serving the legal industry. Our highly trained staff have investigated over 10,000 cases, delivered over 2,000 depositions and provided testimony in over 600 trials.

WEXCO has offices in California and Texas, but has been called upon to testify in cases throughout the country.

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Dr. Stephen C. Wexler: 40 years experience in construction, construction management, safety and related. Unusual combination of safety engineering and construction and civil engineering permits separate areas within construction, safety, and premises liability. 6 years Instructor at UCLA Evening Extension in Engineering & Construction Management, and 4 years US Navy Seabees Instructor for Construction Management - Port Hueneme, CA and Gulfport, Mississippi.

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