Legal Question in Real Estate Law in California
I purchased a property last year, but was not advised that the area had a Mello-Roos attached to the property taxes. Who is obligated to inform me of this fact and do I have any legal recourse?
Asked on 3/03/10, 6:48 pm
2 Answers from Attorneys
The seller is obligated under Civil Code section 1102.6b to obtain and disclose notices from any agency having Mello-Roos rights in the property. You are absolutely entitled to sue the seller for your damages from failure to comply with the disclosure duty.
Answered on 3/08/10, 9:59 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
There are several ways a seller can satisfy the disclosure duty, see Civil Code 1102.6b(c) and (d), including furnishing you a copy of the current year's tax bill. Make sure the disclosures you did receive do not include any of the alternate disclosure forms, etc. before filing suit.
Answered on 3/09/10, 8:13 am