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?
2 Answers from Attorneys
Re: Termite Inspection Disclosure
Duh. If the report shows any damage or repair, it would be fraud to withhold.
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.