Real Estate Non-Disclosure Attorneys in Los Angeles

Real Estate Non-Disclosure Attorneys in Los Angeles

Providing You With the Skilled Legal Representation You Need to Make Informed Decisions

Real estate sales are a highly regulated industry. The sellers, their agents, and their brokers all have disclosure duties to a buyer of real estate in California. One of the top disputes between real estate buyers and sellers is the seller’s failure to disclose defects or material information that may have affected the buyer’s decision to purchase the property or the price they would pay. The purpose of pre-sale disclosures is to enable buyers to make informed decisions when purchasing a property. California law mandates that the seller formally disclose anything that adversely affects the value or desirability of the property.

If you have questions about disclosure obligations or feel that a seller failed to disclose defects, you must hire a lawyer who will fight for your legal rights. Contact Gomez Law, APC, today to schedule a complimentary consultation, which will allow us to thoroughly assess your case.

What are California’s Legal Standards for Real Estate Disclosures?

California law requires sellers to disclose a comprehensive array of material facts concerning their property. A Transfer Disclosure Statement (TDS) must disclose material defects that could affect the buyer’s decision to purchase the property. Material defects include:

  • Structural defects such as roof leaks, cracks in the foundation, or weak or crumbling walls
  • Mold caused by water or moisture
  • Moisture penetration from plumbing or a leaky roof
  • Environmental hazards, including the presence of asbestos, lead paint, or radon gas
  • Pest or termite infestations
  • Unpermitted improvements, including additions or renovations that do not meet building codes or those that affect the property’s legal status
  • Any other known issues, such as those related to plumbing or electrical systems

Sellers must also complete a Natural Hazard Disclosure (NHD) report, which is separate from a TDS, and disclose if the property is located within a flood, earthquake, or high fire hazard area.

Natural Hazard Disclosure (NHD) Report:

This report is separate from the TDS and discloses if the property is located in areas prone to natural disasters. Other pertinent information that must be disclosed includes whether a person has died on the property within the last three years and any neighborhood conditions that could impact property value.

What Can I Do if a Seller Failed to Disclose Material Defects?

Non-disclosure involves a situation where the seller of real estate doesn’t disclose the property’s actual condition. If the seller fails to disclose material defects or other hazards, they may be held liable for non-disclosure, even if they didn’t intentionally conceal anything from the buyer. The mistake of not knowing the law is not a defense, especially when the seller is required to disclose a fact.

If you wish to pursue legal action, you must provide evidence that proves the seller knew about the defect and intentionally concealed it from you.

Sellers, real estate agents, and brokers may be held liable for actual fraud, constructive fraud, deceit, intentional misrepresentation, negligent misrepresentation, concealment, breach of contract, and breach of fiduciary duty, which could have serious consequences. However, you will not be able to sue the seller if you also had constructive knowledge of the defect in the property related to the seller’s non-disclosure.

Depending on the facts involved, you may be able to file a lawsuit to try to recover damages to cover the cost of repairs or for the property’s loss of market value. In rare cases, buyers may be able to seek punitive damages meant to punish the seller for knowingly providing false information.

The most effective way to handle real estate disputes is to hire an experienced real estate attorney who can determine the most suitable legal strategies to hold negligent parties responsible for their actions.

When Should I Hire a Real Estate Non-Disclosure Attorney?

California real estate law can involve intricate legal details that are challenging to navigate without the assistance of an attorney. California has a three-year statute of limitations for buyers to initiate legal proceedings against a seller for failure to disclose material defects and other issues.

If you have purchased a property and discovered undisclosed defects or you have been accused of non-disclosure, you must seek legal representation immediately. Only a knowledgeable real estate non-disclosure attorney can help you understand your rights and what legal options are available.

For example, even if a purchase agreement outlines structural defects, it may not disclose all issues. Depending on the circumstances, buyers who discover undisclosed defects may be able to file a lawsuit to recover damages. However, an attorney is often able to help resolve real estate legal disputes through negotiations or mediation, aiming to avoid expensive and time-consuming litigation.

Gomez Law, APC, has highly qualified legal professionals ready to assist clients in managing commercial and residential real estate matters. We have a proven track record of success and are ready to help you resolve your legal needs quickly and efficiently.

What Happens if My Real Estate Non-Disclosure Case Cannot Be Resolved Through Negotiations or Mediation?

If you believe that the seller has failed to disclose defects, the first step is to try Alternative Dispute Resolution (ADR) methods, such as negotiation or mediation. IF ADR methods fail, the following action would be to file a lawsuit against the seller.

Once a lawsuit is filed, the case will be presented to and decided by a judge or jury. However, as a buyer, you must be ready to present convincing evidence that the seller had a legal duty to disclose defects, but breached their obligation, which resulted in you suffering damages.

For example, suppose the seller failed to disclose that the property you recently purchased has structural issues, such as termites or mold. In that case, your attorney can argue that you may have decided not to purchase the property had you known about the issues. Your attorney will also need to provide evidence that you suffered a financial loss, such as diminished property value or the cost of repairs. An experienced real estate attorney may also be able to prove that the seller is guilty of intentional misrepresentation by purposely concealing the defect to make the sale.

In some instances, the court may allow the buyer to rescind the contract. If the contract is rescinded in your case, then you will most likely be able to recover the funds you paid to purchase the property. If the court decides that the seller’s failure to disclose was particularly egregious, you may be awarded punitive damages.

What Makes Your Law Firm Stand Out Over Others?

If you are concerned that a property you have recently purchased has defects that the seller did not disclose, you need an attorney who will be fearless when it comes to standing up for your rights. Although many real estate lawyers claim to be able to secure favorable client outcomes, many fail to fulfill their promises. To ensure a successful resolution, you need a law firm like Gomez Law, APC, with a proven record of winning cases.

For example, Gomez Law, APC attorneys in Los Angeles successfully represented a real estate buyer and conducted mediation in Los Angeles County against the seller, the seller’s broker, the buyer’s broker, and the inspector. The seller failed to disclose the death in the subject property, despite being statutorily required to do so.

Contact Our Los Angeles County Non-Disclosure Lawyers Today So We Can Get Started on Your Case

Gomez Law, APC, is a Los Angeles County law firm passionately committed to protecting our clients’ legal rights. Regardless of your needs, we will act as your agent in buying or selling real property. We have licensed attorneys, licensed real estate agents, paralegals, and on-site notaries to assist you as a one-stop shop.

If you are buying or selling real estate, you must hire a real estate attorney to guide you through the complex process. Real estate agents and brokers are not allowed to provide you with any sort of legal advice. With that in mind, we work diligently to provide our clients with insightful information.

If you need experienced and knowledgeable real estate attorneys, contact us today at 213-772-6404 to schedule a complimentary, 30-minute consultation. We are located in Los Angeles, California, but proudly serve clients throughout the surrounding areas of Culver City, Venice, Ontario, and Glendale, California.