As time goes by, the number and types of disclosures that must be made by a seller and/or his agent continues to expand. Many of these have resulted from lawsuits; all are meant to avoid legal disputes in the purchase of a California home. The California Association of Realtors (C.A.R.) “Sales Disclosure Chart” contains 39 of them for various property types.
When I am called to review a case as an East Bay and Bay Area real estate expert witness, the question arises as to whether the non-disclosed item was a “material fact.” This is defined as information needed to help the buyer decide whether or not to purchase and how much to pay.
Many sellers and a surprising number of agents seem not to understand the importance of full disclosure; this can turn out to be an expensive mistake.Read More