Legal Question in Real Estate Law in California

Termite Inspection Disclosure

If a condo that is for sale recently had a termite inspection done by a previously interested buyer, must the seller disclose the results of that inspection?


Asked on 1/15/09, 9:47 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Termite Inspection Disclosure

Duh. If the report shows any damage or repair, it would be fraud to withhold.

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Answered on 1/16/09, 2:00 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Termite Inspection Disclosure

A seller must disclose facts and information that would have a material effect on the value or desirability of the property being sold. If the seller has a copy of the earlier report, the seller should either give the prospective buyer a copy, or carefully (and preferably in writing) disclose the key findings in the report. However, a seller has no duty to disclose things he does not know or suspect, since this would be impossible. If the seller doesn't have a copy of the earlier report, has never seen the report, and has not otherwise learned what it says, he has no duty to speculate on its contents.

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Answered on 1/15/09, 12:39 pm


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