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Non-Disclosure Issues In California State

  • Published: May 16, 2023
Non-Disclosure Issues In California State

The following article will cover:

  • Definition and responsibilities of disclosure in real estate.
  • Required disclosures for sellers and realtors.
  • Consequences and prevention of non-disclosure.

What Is Non-Disclosure In Real Estate?

Non-disclosure in real estate occurs when a seller or realtor fails to reveal material information about a property during a sale transaction. Both the seller and the realtor have a responsibility to disclose known or perceivable material facts to the buyer.

What Type Material Issues Must A Seller Disclose?

Sellers must:

  • Be forthright when answering any questions related to the property.
  • Disclose any information they know that would be material to the transaction.
  • Complete a detailed checklist, including information about repairs and upgrades.

Realtors must:

  • Conduct a thorough walkthrough of the property, inside and out.
  • Complete a visual disclosure form, noting any observable issues.

What Are The Consequences Of Non-Disclosure?

Consequences of non-disclosure include:

  • The seller and/or agent being sued for non-disclosure.
  • The buyer seeking damages or rescission of the sale transaction.
  • Realtors potentially being reported to the Department of Real Estate.

How Can A Buyer Protect Themselves From Non-Disclosure?

Buyers can protect themselves from non-disclosure by:

  • Asking the seller questions about any concerns or important factors in the transaction.
  • Obtaining a real property inspection.

How Can A Seller Avoid Non-Disclosure?

To avoid non-disclosure, sellers should:

  • Fill out the transfer disclosure statement honestly and accurately.
  • Provide truthful and accurate answers when asked by the buyer.
  • Disclose as much information as possible during the transaction.

For more information on Non-Disclosure Issues In California State, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 881-5200 today.

September Katje, Esq.

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What Makes Attorney September Katje Uniquely Qualified To Represent You?

Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.

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