Legal Question in Real Estate Law in California

Bank Owned Death Disclosure requirements Clarification
I posted my original question: ''I am asking this on behalf a friend. She recently purchased a house that was bank owned.
After she moved in, she found out that the previous owner had hung himself in the garage.
She lost her husband a year ago in a tragic accident, if she had been told of the death, she NEVER would have bought it.
Her real estate agent is telling her since the house was bank owned they were not required to disclose it.''
Does she have any recourse?

Thank you

The answer I received referred to California Civil Code, Section 1710.2 provides:
''(a) No cause of action arises against an owner of real property or his or her agent, or any agent of a transferee of real property, for the failure to disclose to the transferee the occurrence of an occupant's death upon the real property or the
manner of death where the death has occurred more than three years prior to the date ....''

It has been less than 3 years since the death occurred. So, with this fact does it change her options.

Thank you again

Asked on 9/10/08, 11:18 am

Nina Ortega

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Re: Bank Owned Death Disclosure requirements Clarification

Under California law, lenders selling properties acquired through foreclosure are exempt from the usual seller disclosure requirements.

Answered on 9/11/08, 12:19 pm

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