Legal Question in Real Estate Law in California
false disclosure information
A property was purchased 9 months ago.Three months later the property suffered extensive structural damage which we have since learnt had occured on more than one ocassion previously to the identical areas where the damage is now...for each of the previous repairs a different contractor was hired and was not told about the previous repairs/problems (to the almost identical sites),the repairs consisted of temporary bandaids than repairs of the underlying problem as this would have been very very expensive.None of the prior repairs/bandaids were disclosed on the real estate disclosure form by the seller or their agent as ofcourse the property would have never been sold!!! We had a real estate attorney and a top of the line home inspection done but nobody expected the previous owners and realtors to lie.In addition the attorney made the disclosure form part of the agreement of sale....because the disclosure is a fraud does this negate the agreement of sale and give us recission of the contract?Also can fraud charges be brought against the previous owners/realtor?if so what sort of attorney do we hire as our real estate attorney recently died in a car accident...thanks
5 Answers from Attorneys
Re: false disclosure information
They may be responsible for all damages, for the dimunition in value of the property and you may be able to rescind the contract and get damages.
JOEL SELIK
Attorney at Law
800-894-2889
760-479-1515
702-243-1930
Licensed to Practice Law in California and Nevada Only
Licensed CA Real Estate Broker
LEGAL MATTERS: TRIAL WORK/CIVIL LITIGATION AND APPEALS: Elder Neglect/Abuse/Nursing Home Malpractice, Personal Injury, Contracts, Tax Litigation, Business, Malpractice, Real Estate, and Other Legal Matters
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Re: false disclosure information
What did they fail to disclose, precisely?
Re: false disclosure information
The knowing failure to disclose material facts is fraud. Structural damage is certainly a material issue. Fraud will generally give the victim recission rights. It will also give the victim a right to damages (e.g. repair costs or difference in market value). If the real estate agent was aware of the structural issues and failed to disclose such, the real estate agent would also be on the hook. I would recommend you hire a real estate attorney as soon as possible. The longer you wait the more people (defendants) move and money dissappears. We practice real estate here. I also happen to operate a mortgage and real estate company. Feel free to give us a call. (The call if free.)
Re: false disclosure information
You need to hire an attorney whose practice emphasizes real estate litigation. It sounds like you have several causes of action against the prior owners, and potentially the seller's real estate agent, including, among others, breach of contract and fraud.
Feel free to contact our office at (714) 997-9222.
Re: false disclosure information
hi. you may have rights which include rescission of the contract, but in these situations, there is a lot to be considered before you choose one remedy over another. it would help to know how you finally discovered the multiple "band-aid" fixes, and when they were made, as well as how it is that you discovered that there were several contractors involved in the repairs. litigation is never the preferred result. i am sure that you would have been happy had the home been as represented, however, we have had fairly good success in many of these real estate 'failure to disclose' / fraud cases.
feel free to phone our office, or i am sure that someone from this site will be available to help you. thank you.
daniel king
818 587-9299
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