Legal Question in Real Estate Law in California

failure to disclose

My husband and I purchased a home in Carlsbad, CA on Dec. 29, 2004 for $960,000 ($1,000 over asking price - bidding war). On Feb. 1, 2005, a neighbor informed my husband that 2 homes in our cul-de-sac of 6 homes have been having ongoing structural problems, caused by poor soil compaction at the time of construction. The homes are 4 years old and the problems started approximately 6 months after construction. The builder offered to ''buyback'' the homes. The homeowners declined the offers. Evidence proves that these sellers knew of the problems.

Our feelings from the beginning are that a ''right'' was taken away from us to make an educated decision based on ''all'' the facts. The failure to disclose was a blatant misrepresentation of the truth by the seller and real estate agent.

Your comments please!


Asked on 4/17/05, 6:30 pm

6 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: failure to disclose

Breach of warranty and contract as well as fraud. Do you need a lawyer? Here I am. My resume is on my website or I can attach it to a reply to your email.

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Answered on 4/18/05, 2:25 am
Joel Selik www.SelikLaw.com

Re: failure to disclose

You have a fraud claim and should be entitled to damages for the loss of value as well as costs, attorney fees, etc.

JOEL SELIK

ENCINITAS, CA

760-479-1515

ATTORNEY/LICENSED CA REAL ESTATE BROKER

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

CONCENTRATING IN LITIGATION: REAL ESTATE, ELDER ABUSE, APPEALS, AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters

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Answered on 4/18/05, 10:07 am
Daniel King Law Offices of Daniel King

Re: failure to disclose

while you may well have a valid claim against the seller for failure to disclose, you still may have some rights as against the developer, (as may your neighbors, unless these rights were, in fact, somehow released). we don't know from what you have written to what extent of the seller may have released to the developer/builder.

One of the problems that you have potentially seems to fit within the potential situation whereby he be owners of the other homes declined a buyout, perhaps because the property value may have increased, notwithstanding the purported defects. there are a number of facts and issues that we would have to know in order to fully address your concerns.

though our offices are in L.A. County, we handle construction and fraud related real estate cases throughout the state, and have done so successfully. I would be most happy to speak with you concerning your matter.

In the interim, please do not sign any papers and do take the time to gather up all documentation relative to the sale all documentation relative to the construction of the home. Any attorney with whom you consult will need these documents.

daniel king

818 587-9299

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Answered on 4/19/05, 2:22 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: failure to disclose

What is the extent of damages that you anticipate? Would you like to rescind the contract? Call me directly at (619) 222-3504.

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Answered on 4/18/05, 2:09 pm
Donald Holben Donald R. Holben & Associates, APC

Re: failure to disclose

While I do not know your problems, this is part of what our office does. We have an office in San Diego/Mission Valley area and one in Palm Springs. Call if you would like a free consult. Now that you know of problem, you certainly appear responsible to disclose to any new buyer. Don Holben

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Answered on 4/18/05, 3:31 pm
Daniel Harrison Berger Harrison, APC

Re: failure to disclose

If the structural issues were known or reasonably should have been known, both the seller and their agent are liable for negligence and/or breach of contract. Structural issues fall within the category of mandatory disclosures. If the seller and the selling agent had actual knowledge of the structural issues and failed to disclose such, you would have a fraud claim as well. In addition, your real estate purchase agreement likely provides for the recovery of attorney's fees if litigation is brought. Let me know if you need help. We have several cases like yours. In addition, I am a licensed real estate broker and run a mortgage and real estate company.

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Answered on 4/17/05, 10:32 pm


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