Legal Issue Involving Non-Disclosure of Real Property Defects?

California is often at the leading edge of legal reforms in this country. Real property law reform is no exception, in particular, in the area of defect disclosure requirements. Sellers still run afoul of these laws sometimes simply because they are not aware of the extent of the disclosure requirements. If you are buying or selling a home and have an issue with defect non-disclosure, you need an experienced real estate attorney to guide you through the process.

Serving Clients In San Diego, California

At Mayfield Bustarde, LLP, our lawyers have more than 30 years of combined legal experience to draw on in advising buyers and sellers of real property about California laws about disclosure. Contact our law firm online or call 877-291-6671 for a free initial phone consultation.

Statutory Disclosure Requirements

Any real estate professional will tell you that California has some of the most stringent disclosure requirements in the country. Residential sellers must provide buyers with a comprehensive transfer disclosure statement (TDS) that discloses all defects on a property. Some examples of items that sellers and their agents must disclose to prospective buyers include:

  • Fixtures: The seller must describe the fixtures, appliances, improvement and other features of the property and say whether they work or need repair.
  • Improvement defects: If any improvements made to the property, including fixtures, are defective, malfunctioning or otherwise inoperable, the seller must disclose it.
  • Defective structural modifications: If there are any additions or repairs that have been added to the property that are not up to code or were built without required permits, they must be disclosed by the seller.
  • Flooding or settling problems: If the property has been damaged by flood or settling earth, the seller must disclose.
  • Major damage: Any major damage to the structures or property caused by fire, earthquakes, flooding or landslides.

In addition to the statutory requirements listed, sellers and their representatives also owe a duty to prospective buyers not to make any false representations or to actively conceal any defects or material facts. Additionally, home inspectors and similar professionals who have been retained to evaluate a property may also be held liable for any failures in their duties to disclose and identify defects. Failure to comply with the disclosure laws can lead to liability on the part of the seller and others for damages suffered by the buyer.

Commercial Real Estate Non-Disclosure

Buyers and sellers of commercial real estate must also give thought to non-disclosure issues. Although the requirements for commercial buildings and property do not have the strict consumer protection disclosure rules required of residential sellers, parties to these transactions should still be aware that there are obligations they must meet.

Mayfield Bustarde's lawyers are experienced business professionals as well as attorneys. We offer a full suite of legal solutions for businesses of all sizes. If you are buying or selling real property as part of a commercial enterprise, we can assist you.

Contact Us About Your Home Defect Problem

If you are buying or selling a home and have any concerns regarding defects, consider hiring the experienced attorneys at Mayfield Bustarde, LLP, to advise you in your real estate purchase. Contact our law firm online or call 877-291-6671 for a free initial phone consultation with one of our experienced lawyers.