Can you sue a contractor you did not hire?

[Craig Stevens]

Jurisdiction

California

We purchased a home where the seller had hired a contractor to fix some dry rot. It was not done properly. Can we take action against the contractor even if we didn't hire them. Or must we deal only with the seller in this matter. I wish this was the only issue with the seller; but it is not. At least this issue we know who did the work and when it was done.

Thanks for the help

 

[adjusterjack]

If the seller was supposed to have this done prior to close of escrow then you deal with the seller and the seller deals with his contractor.

Didn't you inspect the work before closing?

If you didn't, then there might not be anything you can do with the seller either since closing could be construed as accepting the work as is.

 

[Craig Stevens]

This purchase agreement is standard California Realtors Association. The work was called out in a termite report. The seller hired a licensed contractor to make the fix. The work was inspected by that same termite company and there was a clearance. The dry rot was NOT replaced; it was patched and painted over and at the first heavy rain the wood broke apart and there is now more damage.

The contractor said take it up w/ the termite company who did the clearance; but the clearance document states they don't guarantee work that is done by others. The seller said take it up with the termite company who hired the contractor; though I have an invoice from the contractor to the seller. The seller clearly hired the contractor. The seller will not respond to me or communicate with me.

I'm asking the question since I want sue the seller in small claims for other matters and I want to sue this licensed contractor in small claims for this matter. Combined the total claim is more than the $10K max limit in California small claims.