Legal Question in Real Estate Law in California

Seller Disclosure of Permitted work?

Does a seller only have to disclose un-permitted work? Or all permitted and unpermitted work?


Asked on 11/28/08, 2:01 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Seller Disclosure of Permitted work?

The seller has to disclose ALL pertinent matters that affect value and condition of the property. There is no 'hide the ball' in RE sales.

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Answered on 11/28/08, 3:05 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Seller Disclosure of Permitted work?

The distinction between "must disclose" and "need not disclose" doesn't break down that way. The distinction is based upon whether the information is necessary, useful or material to a buyer's informed decision as to the suitability of the property for the buyer's uses or its value. Unpermitted work always has to be disclosed because it reflects in a material and adverse way on the value and perhaps the suitability of the property. Work performed with permits may or may not need to be discussed. If it was a landslide repair, or needed to clean up after a shooting or meth lab explosion (for example), it needs to be discussed with the buyer and disclosed in writing. If it was a routine re-roofing job ten years ago, probably not.

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Answered on 11/30/08, 12:14 am


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