Assignment task:
On January 28 and 29, 2016, the Martells' house in San Francisco was demolished. Ronald Martell and his wife purchased the house in October 2015 for $2,149,000. It was on a hill with sweeping views of the Pacific Ocean. The Martells were considering doing some remodeling projects and had not yet moved into the house.
The Martells paid for a property inspection of the house when they bought it, which did not reveal any problems.
Within one week in January, the Martells' house slipped 14 inches from the curb and dropped 12 inches.
William Strawn, a spokesperson for San Francisco's Department of Building Inspection, said the city ordered an immediate teardown of the house because of the "imminent public safety hazard."
The City feared the Martells' house would slide down the hill and damage other homes.
The cause of the unstable soil conditions is under investigation. The soil seems to be full of water. It is unknown if the water is from recent rains and/or other sources.
The City ordered five other owners of nearby homes to hire engineers to inspect their homes and show the City that they were safe. Questions for Discussion: Assume that you are working in a law firm and Ronald Martell and his wife contact you to find out what their legal rights are in this situation. They want to know who is responsible for the expenses of demolishing and then rebuilding their house.
- What legal advice would you give them?
- Why would you give them this advice?
- Who do you think is responsible for this loss?