My property has issues that the seller knew about but did not disclose

You worked hard to buy a home and you the deserve peace of mind that you got a fair deal.

Buying any piece of property can be frustrating and exciting. That excitement is ruined when buyers find out months later that a seller failed to disclose material defects with the property. In such cases, the buyer may be entitled to compensation. How can you be confident in the home you decided to call your own? California places heavy legal responsibilities on the seller in a real estate transaction to provide “meaningful disclosures” about the property they are attempting to sell. The failure to disclose known defects or issues that affect the “value or desirability” of the property can result in substantial liability to seller and their agent(s), and often result in litigation.

Disclosure is Required Even for Properties Sold “As-Is”

Sellers cannot get around their disclosure requirements by selling the property “As-is”. Simply because you purchase a property as is does not mean that seller will not have to disclose defects which they are aware of. Many court rulings have stated that an “as is” clause does not alleviate a seller of disclosure duties. In Loughrin v. Superior Court courts ruled that not disclosing defects which are not visible, even when the property is sold as is holds the sellers liable. You are not permitted to contract your way out of this duty to disclose. In fact the Supreme Court has ruled on this exact same issue.

Commercial Properties Have Disclosure Obligations As Well

Buyers of real estate–often homes but also commercial and industrial buildings–often feel that they have been the victim of an unscrupulous seller. An experienced real estate litigation attorney can help evaluate the probability of success in a lawsuit over these claims, and this post will highlight some of the issues than often arise. Multi-Unit and Commercial transactions have differing guidelines and more sophisticated standards of compliance.