Legal Question in Real Estate Law in California
Home builders did not disclose neighboring sex offender
Actually, the problem is not mine, but my friend's. Anyhow, she just recently bought a brand new home from Beazer Homes, in the month of June, 2005. She just discovered that there is a registered child sex offender sharing her back fence! She has two young children, and decided to call Beazer. They acknowledged the fact that there was indeed a sex offender there, and that they did, in fact, know ahead of time, but were not legally able to disclose that information. Considering that there was no possible way that my friend could have looked up the information, and that Beazer themselves chose the plot in which she was given, not to mention the fact that the resale value of her house goes down 15% (appx), can Beazer be held responsible in anyway?
3 Answers from Attorneys
Re: Home builders did not disclose neighboring sex offender
California Civil Code �2079.10a states that any contract for the sale of residential real property containing one to four units shall contain a notice informing the buyer of the existence of a public database maintained by the California Department of Justice, and how to access this database through local law enforcement or a �900� phone number. The exact language of the notice is stated in subsection (a) of this statute, and that language is contained in all current versions of C.A.R. purchase agreements and residential leases. The
statute does not specifically require real estate brokers or sellers to provide this notice, but the statute provides a safe harbor for brokers and sellers if the notice is contained in the contract.
Both the seller and the broker have a duty to disclose material facts under California law. Under California Civil Code �2079.10a, providing the notice of the existence of the Megan�s Law database does not insulate either the seller or the broker from otherwise disclosing material facts of which either is aware. Based on these
standards, the answer depends on the exact facts and circumstances regarding the information known.
It sounds like your friend may have a decent case for damages, so she should consult a local real estate attorney for more specific advice on here rights and remedies.
Re: Home builders did not disclose neighboring sex offender
Why couldn't Beazer legally disclose it? Did Beazer know that your friend had kids? Did it know that a sex offender would cause the value of the home to go down. How was the information discovered by your friend? These are some questions a lawyer in your area would consider.
Re: Home builders did not disclose neighboring sex offender
There are a few California state civil codes that could be very favorable in your friend's pursuit of damages, under the factual circumstances you have described. If your friend would like a free consultation, have her contact our Law Office directly ASAP in order to preserve her rights.
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