California Real Estate Fraud & Seller Non-Disclosure
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In California, sellers of residential property must complete extensive disclosure documents, including the Transfer Disclosure Statement (TDS) and Seller Property Questionnaire (SPQ), and must affirmatively disclose known material defects and conditions. When a seller omits, minimizes, or conceals issues such as water intrusion, structural problems, prior repairs, mold, drainage, or unpermitted work, that failure to disclose can give rise to claims for negligent or intentional misrepresentation, concealment, breach of contract, and statutory violations. Most of these disputes arise from California Association of Realtors (C.A.R.) form contracts, including the standard Residential Purchase Agreement (RPA), which contains specific disclosure obligations and mediation and arbitration provisions.
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Most California real estate transactions are governed by California Association of Realtors (C.A.R.) standard forms, including the Residential Purchase Agreement (RPA), which includes specific disclosure requirements, seller representations, and contractual obligations. These forms also contain mediation and arbitration provisions that dictate how disputes must be resolved. We have extensive experience litigating and arbitrating cases involving C.A.R. contracts, and we know how to navigate the mediation and arbitration clauses to protect your rights and recover your losses when sellers or agents breach their disclosure duties.
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We represent buyers in disputes involving: failure to disclose water damage, leaks, flooding, or drainage issues; failure to disclose foundation, structural, or soil problems; failure to disclose mold, pest damage, or environmental hazards; seller misrepresentation about property condition, square footage, or lot boundaries; concealment of unpermitted additions or alterations; fraudulent inducement and intentional misrepresentation; breach of the C.A.R. Residential Purchase Agreement and related disclosure forms; and agent or broker liability for failure to conduct proper visual inspections or disclose known defects.