What Is A Seller Required To Disclose?

Can I sue previous owner for unpermitted work?

While the city will look to you, as the present owner, to remedy the issue, others may be legally responsible for costs associated with obtaining a permit.

If so, you may have recourse against the previous owner.

Your real estate agent or home inspector may share some responsibility for the unpermitted construction..

What happens if a seller does not disclose?

If a seller fails to disclose, or actively conceals, problems that affect the value of the property; they are violating the law, and may be subject to a lawsuit for recovery of damages based on claims of fraud and deceit, misrepresentation and/or breach of contract.

Can I sue seller for non disclosure?

In general, if the defect existed before you bought the home and the seller failed to disclose the defect, and you incurred monetary damages as a result, you can sue the seller or another party for breach of contract. A successful lawsuit could result in payment for the cost of repairs.

Do sellers have to disclose mold?

In fact, in California both the home seller and the seller’s real estate agent must fill out several pages of disclosure forms attesting to a home’s condition. California home sellers aware of the presence of mold or water damage indicating possible mold contamination in their homes must disclose that fact.

Can I sue my realtor for misrepresentation?

You can’t sue a real estate broker for a bad opinion — in order to win a misrepresentation lawsuit, the misstatement must involve some material fact about the property or the sale that would affect a reasonable person’s decision regarding the purchase. … Real Estate Attorney (FindLaw)

Do real estate agents lie about offers?

As everyone else has said, yes they can lie about other offers but if you have an escalation clause that is being used, they need to present the other offer if requested.

Does seller have to disclose appraisal?

A: An appraisal is generally considered a professional opinion of the market value of a property, not a fact. Although it’s both legally and ethically necessary to disclose a material fact, the same requirement doesn’t apply to an opinion.

What is a seller obligated to disclose?

In general, you have an obligation to disclose potential problems and material defects that could affect the value of the property you’re trying to sell. In addition, it is considered illegal in most states to deliberately conceal major defects on your property.

What do real estate agents have to disclose?

As discussed, sellers and real estate professionals must disclose all known defects and hazards present on a property. While a seller needs to be truthful, their agent also needs to do some investigation to make sure all known hazards and defects are fully disclosed to potential buyers.

Can Buyer Sue seller after closing?

The legal rule of caveat emptor basically means that once you buy the home, whatever you paid for is what you got, and buyers have a limited ability to sue the seller for any defects discovered. … The buyer cannot rescind the real estate contract after closing if the defects could have been discovered in an inspection.

Do I have to disclose I am a Realtor?

In California there is no legal requirement that a real estate licensee, acting as a principal, must disclose his or her licensee status. It may be good business practice, but it isn’t required. … Bob Hunt is a director of the California Association of Realtors®.

Does a seller have to disclose flooding?

In California, a seller and/or their real estate agent has a duty to disclose to a prospective buyer that a home is located in a flood hazard area. This information is known as a material fact because its disclosure will likely affect a buyer’s decision in whether or not they go through with the property transaction.