February 27, 2020

Buying a Home – Failure to Disclose Material Defects

Close up of Business man pointing and signing agreement for buying house. Bank manager and real estate concept.

The California real estate market is historically one of the highest valued in the country.  Buying a home is one of the most exciting and important purchases a person will make in California. 

However, if the seller of the home and/or an agent representing the seller or the buyer does not properly disclose material defects, this can lead to tremendous damages for the buyer.  

As a buyer, you should strongly consider having a real estate attorney reviewing your real estate transaction purchase documents and advising you during the escrow process.  At Beverly Hills Law Corp., PC lead attorney Sagar Parikh, Esq. is a Beverly Hills business and real estate attorney, and also a licensed real estate broker in California.  

If you have already purchased a home and are facing a situation where defects were not disclosed, known as a failure to disclose, you have options under California real estate law.

What Constitutes a Failure to Disclose?

There can be many types of issues that were not disclosed: physical material defects, such as water leaks, structural defects, and past damages to the home; failing to disclose a flight path that goes right over the house or insurance claims that were made; and others.  

If you bought a house and one or more of these defects was not disclosed, a Beverly Hills real estate lawyer from Beverly Hills Law Corp., PC can help guide you through your nightmare. 

If you are a seller, As a real estate broker, Sagar Parikh, Esq. of Beverly Hills Law Corp., PC can assist you in legally and properly filling out your Seller Property Questionnaire and Transfer Disclosure Statement. 

As an agent, Beverly Hills Law Corp., PC can also help provide you with guidance with regards to filling out the Agent Visual Inspection form (AVID).  You should consult with a real estate lawyer and real estate broker before filling out and submitting these forms to the buyer or buyer’s agent in order to avoid potential liability. 

If as a buyer you have unfortunately been defrauded by a seller, Beverly Hills Law Corp., PC can use its expertise and knowledge as real estate lawyers to help you seek damages, which include, but are not limited to, costs to repair any defects, the decrease in value of the property, attorney’s fees, costs, and other costs and expenses incurred.  We litigate matters in court, mediate them, and arbitrate them. We can bring a unique perspective to such cases as Sagar Parikh, Esq. is a real estate lawyer, real estate broker, and real estate investor himself, giving him insight into the inner workings of these transactions.  

Note that just because you bought or sold a property “as-is”, this does not completely eliminate liability.  As is purchases of real estate DO NOT act as a waiver. Simply because you purchase a property as is does not mean that the seller will not have to disclose defects which they are aware of.

You cannot legally contract your way out of a duty to disclose.  This makes it even more imperative to have a real estate lawyer and real estate broker in Beverly Hills on your side whether you are a buyer, seller, or agent on either side, so you can have proper legal guidance during the escrow process and ensure a smooth transaction.

Talk To An Experienced Attorney About Material Defects

If you have a real estate failure to disclose matter in Los Angeles or California, contact Beverly Hills Law Corp. now to set up a free consultation with lead attorney Sagar Parikh, Esq. to discuss how we can help pursue damages for you. 

Additionally, if you are currently purchasing a home or about to purchase or sell a home, it would be prudent to retain counsel on your side and avoid any future problems with failing to disclose material defects.   Contact a real estate attorney and real estate broker and Beverly Hills Law Corp., PC today to find out how we can help you add value to the transaction and protect your transaction. 

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