Failure To Disclose Defects / Non-Disclosure

A seller of California residential real estate has both a common law and statutory duty of disclosure to the buyer of the real property.  When you are the victim of failure to disclose a defect, you may need to failure to disclosure real estate attorney.

Under both the common law and statutory duty to disclose, a seller of California real estate must disclose any fact or facts affecting the property’s value.  A seller of California real estate has a common law duty to disclose where the seller knows of facts materially affecting the value or desirability of the California property which are known or accessible only to him or her.  A seller of California real estate also has a common law duty to disclose facts are not known to, or within the reach of the diligent attention and observation of the buyer of the property.  A seller of California real estate has a statutory duty to disclose pursuant to a California real estate transfer disclosure statement and under California Civil Code section 1102.6.

Where a seller of California real estate knows of facts materially affecting the value of desirability or the property which are known or accessible only to him and also knows that such facts are not known to, or within the reach of the diligent attention and observation of the buyer of the California property, the seller is under a duty to disclose them to the buyer.  Failure of a seller of California real estate to fulfill such duty of disclosure constitutes actual fraud or negligent misrepresentation.  These sorts of cases should be handled by a Los Angeles non-disclosure real estate attorney.

Accordingly, any matter that is of sufficient materiality to affect the value or desirability of the property must be disclosed by sellers of real property in California.  Undisclosed facts are material if they would have a significant and measurable effect on market value.  Moreover, a seller of California real estate who willfully or negligently violates or fails to perform any duty with regard to the disclosure requirements of a transfer disclosure statement or the California Residential Purchase Agreement is liable for any “actual damages” resulting to the buyer under the California Civil Code.  What is more, in contrast to fraud, negligent misrepresentation does not require knowledge of falsity for the seller of California real estate to be held liable.  To pursue such a claim, you need the help of a California failure to disclose attorney.

Under California’s broad policy favoring disclosure, it is no surprise that there exists a lengthy list of facts held to be of sufficient materiality that disclosure is required by sellers of California residential real property.  Prior cases have held that a seller of residential real property in California is required to disclose prior litigation involving the property, a murder at the property, that a lot contained filled ground to a substantial depth, that the house was built on filled land, improvements made without permits and in violation of zoning, and even a noisy neighbor.  A California seller’s disclosure requirements are designed to eliminate any surprise discovery of negative facts and/or half-truths in connection with the purchase.

Webb & Ord’s attorneys are some of California’s most experienced real estate litigators and have obtained millions of dollars for buyers of California real estate that were the victims of a seller of residential real property’s failure to disclose facts.  Webb & Ord’s attorneys have also successfully defended sellers of California residential real estate that have been wrongfully sued by overreaching California plaintiffs.  If you believe you have a non-disclosure case or require a defense to a non-disclosure lawsuit regarding California residential real property, please contact Webb & Ord to discuss your case.  Our initial consultation is free of charge.  Call Eric Webb at 323-462-3736.