Real Estate Fraud

A seller of California residential real estate has both a common law and statutory duty of disclosure to the buyer of the real property. 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 can constitute actual fraud.

It is also fraud to suppress a fact with intent to induce a person to enter a contract to acquire realty under the California Civil Code. A person who willfully deceives another with intent to induce him or her to alter his or her position to his or her injury or risk, is liable for any damage which he or she thereby suffers. Deceit, within the meaning of this section is either: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true; or 3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact. 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 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.

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 fraud 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 plaintiffs. If you believe you have a non-disclosure case or require a defense to a non-disclosure lawsuit, please contact Webb & Ord to discuss your case. Our initial consultation is free of charge.  https://hollywoodinjurylawyer.net/business-disputes-and-fraud/real-estate-fraud/

California real estate fraud cases require the assistance of an attorney well-versed in the intricacies of California’s real estate laws and documents, such as the California residential purchase agreement, transfer disclosure statement, and inspection reports. 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 fraud, as well as defended sellers of California real estate that have been wrongfully sued for fraud by overreaching California plaintiffs. If you believe you have a California real estate fraud case or require a defense to a fraud lawsuit, please contact Webb& Beecher to discuss your case. Our initial consultation is free of charge.