Netflix's “Selling Sunset” star Jason Oppenheim is being sued by an advertising mogul who claims the TV reality personality intentionally hid serious defects in a $5 million Los Angeles mansion, reveals can.
Philip Berardi, chief executive of the city's largest billboard maker, is seeking significant damages from Oppenheim and other defendants after he allegedly discovered his new home was riddled with problems that cost him $1.7 million in repairs.
Oppenheim, 46, is accused of “fraud and concealment” as well as “intentional misrepresentations,” even though he was “fully aware” of the problems as the agent for the six-bathroom, three-bedroom apartment sold in February 2023.
The star has found national fame with the Netflix show, which revolves around his high-end real estate brokerage company The Oppenheim Group – with seven seasons since its premiere in 2019.
Jason Oppenheim, 46, of Selling Sunset, is accused in a lawsuit of “fraud and concealment” and “intentional misrepresentations” for selling a $5 million home despite allegedly knowing its defects
According to Berardi's court documents, he only discovered problems with the impressive cube-style home after two heavy rains shortly after he moved in
The estimated cost of repairs, according to an expert, is $1.7 million and “represents only a portion of the damages sought,” the court filing states. obtained photos of the damage
A restoration company opened the ceiling of the master bedroom and discovered a large plastic bowl that had overflowed after a severe storm, the filing said
But in documents filed in California Superior Court in Los Angeles, Berardi accuses both him and his company of concealing the true condition of the 4,668-square-foot home and violating contractual obligations.
Oppenheim did not respond to ailyMail.com's request for comment.
Berardi, who runs advertising giant Regency, is also suing sellers Brett Ersoff and his wife Lisa, as well as real estate firms Coldwell Banker, Richter Roofing, LaRocca Inspections and CMF Home Builders, according to documents obtained by .
The papers also allege that nearly five years before the Ersoffs sold the home on exclusive Hillside Avenue, they had a proposal from Richter outlining work on the low, sloping flat roof areas – but the work was never carried out.
mogul Philip Berardi claims he discovered his new home was full of problems that cost him $1.7 million in repairs
According to Berardi's court documents, he only discovered problems with the impressive cube-style home after two heavy rains shortly after he moved in.
The first time, water leaked from the ceilings of three bedrooms. Water also collected on the floor.
A water damage company began work, but during the second storm it leaked in the same areas, plus a second location in the master bedroom.
This time, the restoration company opened the ceiling of the master bedroom and discovered a large plastic bowl that had overflowed during the second storm, the filing said.
In addition, mold and fungi were found under plywood decking above the master bedroom “as a direct result of the poor condition of the property.”
The documents continue: “An approximately five foot long gutter with a cap on the end was also discovered in the ceiling of the master bedroom, which appeared to have been installed to capture water from the leaking, defective deck above the master bedroom.”
The decking on the roof appears to be squared in places, but the documents state that the angle was not sufficient to drain the water, causing extreme damage to the property and the development of mold and fungi.
“In addition, the water damage resulted in severe dry rot damage to the front end of the property deck as well as termite infestation.”
And five months later, Berardi discovered that the bottom of a garage cabinet housing a tankless water heater was wet, which he said was another cover-up of a serious problem. The advertising mogul saw blue painter's tape with rags attached to the hot water tank.
“Defendants Ersoffs and/or Oppenheim placed the rags under the tank to catch water and conceal the leak in the tank, which had previously been identified in an inspection report and was part of a repair request,” the filing states.
The star has found national fame with the Netflix show, which revolves around his high-end real estate brokerage company The Oppenheim Group – with seven seasons since its premiere in 2019
A structural forensic expert was called in and found “a variety of defects and problems that not only compromised the safety of the property, but also imposed significant financial burdens on Berardi.”
Mold and fungi were found under plywood decking above the master bedroom “as a direct result of the poor condition of the property.”
A structural forensic expert was called in and found “a variety of defects and problems that not only compromised the safety of the property, but also imposed significant financial burdens on Berardi,” it said.
The estimated cost of repairs, according to the expert, is $1.7 million and “represents only a portion of the damages sought,” the court filing states.
The complaint continues: “In light of these deeply disturbing revelations, it is apparent that the condition of the property was not accurately disclosed at the time of purchase.”
“This situation has placed Berardi in dire straits, financial distress and uncertainty regarding the security of this significant purchase and investment.”
It concluded: “The actions and behavior of defendants Ersoffs and Oppenheim were extreme and outrageous and caused Berardi severe anxiety and emotional and psychological distress.”
“The defendants committed these acts and engaged in knowingly, willfully and willfully misconduct. “Furthermore, the defendants acted with reckless disregard of the likelihood that their actions and conduct would cause serious and psychological distress.”
LaRocca Inspections pointed out problems with the roof after analyzing the home during the purchase. But it allegedly failed to disclose “the true issues” regarding water leaks at the property or “previous, significant damage…due to mold and fungi.”
The company also discovered moisture damage to the home's exterior and cracks in the exterior molding “that were not properly disclosed to Berardi.”
It is alleged that the cracked stucco was due to a previous problem with the construction and that the Ersoffs “patched cracks…to hide defects from Berardi.”
The sellers knew about problems with the roof, decks, patios, drainage, sewage, workmanship, plumbing, electrical and other problems but never “properly disclosed” them to the buyer, it says.
Coldwell Banker Realty acted as broker for the buyer, who put down a $1,853,000 deposit and financed the remainder with a $2.9 million loan.
Berardi is seeking a jury trial and compensatory and punitive damages from Oppenheim and the Ersoffs.
Berardi's attorney, Eric Strongin, told : “When you buy a home from someone, and especially when licensed and reputable agents are involved, you expect full disclosure of any major problems with the home.” In fact, California law requires this.
“In this case, one example of the evidence we have so far suggests that a large bowl was deliberately hidden in the ceiling of the house to catch water that would seep into the ceiling from a deck above. “Someone obviously knew the decks were leaking and went to great lengths to avoid fixing the problem and hid it before selling the house to Mr. Berardi.”
Berardi accuses Oppenheim and seller Brett Ersoff of concealing the true condition of the 4,668-square-foot home and violating contractual obligations
The listing photo of Berardi's home is shown. Oppenheim founded his real estate brokerage firm with his twin brother Brett, and the two come from a real estate dynasty founded by great-great-grandfather Jacob Stern
The sellers knew about problems with the roof, decks, patios, drainage, sewage, workmanship, plumbing, electrical and other problems but never “properly disclosed” them to the buyer, it says
A California native, Oppenheim founded his real estate brokerage firm with his twin brother Brett, and the couple comes from a real estate dynasty founded by his great-great-grandfather Jacob Stern.
Selling Sunset follows their agents as they sell high-priced properties to super-rich and celebrity buyers. The most expensive offering currently is a five-bedroom, nine-bathroom condominium for nearly $40 million, also on Hillside Avenue.
The brokerage is also selling a $30 million, five-bedroom, nine-bathroom Spanish-style estate in Coronado, near San Diego, calling it “one of the most desirable exclusive properties in Southern California.”
But Oppenheim — who also stars in Netflix's spinoff series Selling the OC, premiering in 2022 — boasted to Fox News last week that more mega-properties would soon be on the books.
“We have great offers coming to market over the next 45 days, all valued at $30 million or more, one over 100. So we have never had so many luxury offers on board.”
“I think it's going to be great television, it's going to be great to see if we can sell these.” And I think it's great for the Oppenheim Group. “We are pushing into the luxury market even in these difficult times.”
And he admitted that Selling Sunset was a marketing winner, but said, “Because of the show, more buyers and sellers are certainly reaching out to the agent, to myself and to other agents.” So I think it's due credit earned.
“I think this is definitely additional fuel in terms of our growth trajectory.”