Legal Question in Real Estate Law in California
I'm a first time homeowner, inheriting my mother's house. I want to sell it. I'm something of a worry wart. I sell it through a real estate agent going through all the normal process including the mediation/arbitration clause. Two years later it collapses in on itself. Do the buyers have a case? How can someone predict that? All normal inspections, etc. are done and cleared or accepted by buyers. Also, if buyers are willing to sign a waiver forfeiting their rights to hold seller liable or responsible for any future problems, is that truly legal, will it stand up in a court of law? completely hypothetical question.
1 Answer from Attorneys
Eliminating worries like this is one reason to use a competent broker. The broker (or his/her agent) will make sure all the required disclosures are made. The seller has a duty to disclose to the buyer known or reasonably discoverable defects in a sold house. Actually, the burden of disclosure is lighter for someone that didn't live in the house and therefore hasn't had an opportunity to learn about various defects.
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