Real Property is a form two or three pages in length with lots of checkboxes for the seller to fill in. Most sellers just put a diagonal line through that page reflecting or indicating that they are disclaiming any representations, but the buyer should be cautious. They should look for a diagonal line; if there is one on one page, they should flip through every page to make sure there are no boxes filled in that mention latent defects.
Read whatever is written in the boxes very carefully. In our experience at Coover Law Firm, the vast majority of buyers and realtors pay no attention to those seller disclosures. If you find evidence of a cover-up effervescent, paint streaks, etc.
Even if you discover a serious problem, contact Coover Law Firm first. You and your attorney will have to prove:. If you are able to prove these things, you may be able to go after the seller for fraud. This part of the law can be tricky. If you think your home might have a latent defect that the seller did not disclose, you should speak with an attorney before contacting anyone else or taking any steps to remove or fix the defect.
This is because what you believe to be a defect may not be at all. For example, an easement would not be a latent defect because it does not impose any harm to the health or safety of an occupant. Another example is property lines. A property line is not a latent defect, although it could be fraud on the part of the seller. Different parts of the contract deal with things like encroachments, which should be picked up by a competent location survey and visual inspection of the property.
It is foolish not to do otherwise. If you are selling your home, you should include everything you know in the Disclosure Statement, even though very few people read those documents. Think about the disclosure as your opportunity to document everything so that you can protect yourself against any possible lawsuits.
The point here is although the defect may have been corrected, the house has a history. And that history can be used against you by an unrealistic or unreasonable buyer. You may know them as failure to disclose lawsuits. Buyers of real estate—often homes but also commercial and industrial buildings—often feel that they have been the victim of an unscrupulous seller.
An experienced real estate litigation attorney can help evaluate the probability of success in a lawsuit over these claims, and this post will highlight some of the issues than often arise.
A breach of this duty of disclosure will give rise to a cause of action for both rescission and damages. The seller or his or her agent must have actual knowledge in order to be liable for failing to disclose a material fact.
In Los Angeles real estate litigation attorneys face real estate failure to disclose questions on a regular basis. The evaluation of these claims is not as simple as it might first appear. Here are some questions to ask when determining whether you have a failure to disclose lawsuit regarding your real estate purchase.
You can only sue a person for non-disclosure if he or she in fact had a legal obligation to disclose something to you. Usually this is not an issue since these lawsuits typically arise in the context of a purchase and sale. The seller has a legal duty to the buyer due to the existence of their contractual relationship. Also of interest is the fact that property owners in Texas are not required to disclose any deaths that have occurred on the property due to natural causes, accidents that were unrelated to the condition of the property, or suicide.
However, a property owner is required to disclose any knowledge of murder that occurred on the property, as well as deaths that occurred as a result of a condition of the property even if the condition has since been remedied. Moving into a new home only to discover an expensive defect or problem with the property can be frustrating. If you believe that the seller lied or intentionally concealed a defect , you may have a cause of action.
Of course, you will also need to show that you have incurred financial losses as a direct result. Keep in mind that even if the seller failed to disclose something, it can be difficult to hold them liable for damages if there is evidence that you did not do due diligence in discovering the defect. For example, if you failed to hire a home inspector prior to purchase and there is not strong evidence that a seller intentionally failed to disclose a defect, you may not be able to hold the seller liable.
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