California  |  Real Estate Law

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4/17/05, 6:30 pm

Legal Question


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!


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