Required Disclosures When Selling Real Estate
When selling a residential property in California, the seller is required to make certain disclosures about the structure/home and land. This can include:
- Construction defects
- Plumbing issues
- Electrical issues
- Roof defects
- Any building code violations
- Any other issues that might interfere in buyer’s quiet enjoyment of their real estate purchase
These defects can have an impact on the overall value of the property now and into the future; disclosing them is therefore required by law. Unscrupulous sellers often fail to report these defects. In other instances, a seller may not have known of the defect, but they reasonably should have known by conducting their own inspection prior to the sale.
If you have purchased a home in Southern California and later discover a defect that was not disclosed before the sale or prior to the closing of escrow on the property, you have a right to bring a legal action against the seller. Likewise, if you have sold a home and are now wrongfully being sued for failure to disclose a defect or fraud, you have a right to defend yourself.
Experienced Real Estate Lawyers Helping You Protect Your Investment
Whether you are a plaintiff or a defendant in an action brought based on a disclosure claim, it is important to seek experienced legal counsel for your dispute. At Donald R. Holben & Associates, APC, we bring 100 years of combined legal experience to each matter that we take. We draw on years of experience in real estate litigation matters and have handled many failure to disclose cases before.
We understand that no one wants to be involved in a legal matter. We attempt swift and favorable resolutions and have had great success resolving real estate related dispute quickly — many times without the need for filing a formal lawsuit and without having to go to court.
Schedule A Free Half-Hour Consultation
If you are involved in a failure to disclose legal dispute, call 619-780-2820 to reach our San Diego office or 760-501-0615 for our Palm Springs office. You may also call us toll free at 800-685-6950 or contact us by email. We can offer advice on your position and help you determine the best way to proceed.