The disclosure of material facts is one of the main points of contention that give rise to real estate disputes. In California, the seller of a property has a duty to disclose all facts that materially affect the value or desirability of the property. For example, known physical defects must be disclosed; simply providing copies of inspection reports often doesn’t go far enough. Brokers also have a duty to disclose issues that go beyond the physical defects of property, including noisy neighbors, traffic congestion, and previous deaths on the property.
If a buyer purchases a home and discovers a defect, they can sue the seller and the seller’s broker for failure to disclose. Our firm has significant experience both prosecuting and defending non-disclosure disputes in California. Simon Offord recently authored a guest article for the Santa Clara County Association of REALTORS® about disclosure disputes, and how real estate brokers can better advise their clients to mitigate potential risks. You can read the full text of the article by clicking the button below.