Legal Question in Real Estate Law in California

Non Disclosure, easement improvement

I own land, and have a small farm, some ag housing, 100 head of dairy goats. Parcel is under Road Maint Agreement. Seller and other Owner paved road partially to lot prior to purchase after County Service area denied. Road is defective, built by owners, no contracts between owners and contractor, Repair Committee signed Contract. Committee not inc, not HOA, not CID, just owners. Seller did not disclose any of this. Broker stated paving paid for, ask when ready, it will be done. Committee using repair funds for ''improvements'' to induce sales on certain areas, 46% of roads unpassable, unmaintained. I can't sell land, or use for intended purpose, road will not support. Recent County decision to deny adjacent lot split cites Fire App refusal. County stated roads were acceptable to zoned use A-70, GP #18, during DD before purchase. Recent documents show County mandated required const specs, ignored by owners. Access to my lot impassable certain weeks in year, never maintained except by me, CC845. Committee still demands payments. Other docs show other non disclosures by owner. No Sub Div land Final Report issued or filed, lot is now illegal, req Cert of Compliance. Water line costs $450K, told it was at lot. What to do?


Asked on 4/06/09, 12:09 am

3 Answers from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Non Disclosure, easement improvement

You present a complicated fact pattern, but as I understand your situation --you have multiple issues concerning your purchase and subsequent use of you parcel, including the possibility that there is third party liability for improper common asset maintenance and seller misrepresentation.

I would be happy to discuss this issue futher with you at your conveinance, feel free to contact my office. As an aside, I am located in San Diego.

Yours truly,

Bryan

619.400.4929

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Answered on 4/07/09, 2:49 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Non Disclosure, easement improvement

Please call for an appointment to discuss whether or not your case may be accepted.

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Answered on 4/06/09, 6:46 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Non Disclosure, easement improvement

I am not sure I understand your situation, but have dealt with easements before. Send me a detailed email to discuss.

Best,

Daniel Bakondi, Esq.

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Answered on 4/06/09, 12:25 am


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