Legal Question in Real Estate Law in California

Re: Disclosure

I assume the property is a one-to-four unit residential structure, and that you are the buyer or speak for the buyer.

This seems to be a clear-cut case of negligent failure to disclose, and it's possible that fraud may be present, although that would be more difficult to allege and prove.

Although there are disclosure requirements in any real estate deal, and for that matter in any kind of transaction, the requirements in a 1-to-4 residential transfer are strict and codified. See Civil Code sections 1102 - 1102.18.

I would think a suit by the buyer should name both the seller and the seller's agent and broker as co-defendants.

If there were a buyer's broker and/or agent, the facts should be examined carefully for anything suggesting negligence or breach of fiduciary duty on their part. The buyer's professionals have an even high duty to root out potential problems in a deal, and unless they are clearly not at fault, should be named as co-defendants.

Finally, the contracts need to be reviewed for mandatory mediation and/or arbitration provisions which may dictate the procedure to be followed in pursuing any claim.

Re: Disclosure

It appears that you have a failure to disclose issue. Was the property to pass termite? What does the contract say exactly are the contingencies and disclosures? If they failed to disclose, you can sue for fraud in their failure to disclose. I can help you, please reply by phone or email. Thanks.