Legal Question in Civil Litigation in California
We have the following issues with respect to a property we purchased. In the preliminary disclosure package:
- Sellers have not provided a cover letter with an index. Basically it�s a big bunch of documents without an index to show where what is.
- Sellers have provided illegible maps which don�t clearly show the boundary of the property purchased
- Another key document (the building permit) showing the sq footage, garage and porch size is illegible.
Can the sellers/selling agent run away from their duty of providing full and legible documentation especially considering:
- The preliminary disclosure package has a huge bearing on the buying decision
- Clear maps and clear building permit were both available to them and they could have easily provided that.
We bring this up as it is part of a pattern of non-disclosure that has been followed throughout the sale of the property.
1 Answer from Attorneys
You say you have "purchased" the property. If therer were issues with documents provided as disclosures, objections should have been made before close of escrow. Typically there is language in the contract stating that you acknowledge receiving the disclosures and even approving them. If you could not read them and did not want to accept the disclosures, you needed to object right away and back out of the transaction. Without reviewing all of the actual documents and communications it is impossible to offer more than general comments. I would be happy to assist further.
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