• Skip to main content
  • Skip to primary sidebar

ROBERT I. LEVY

Attorney & Counselor at Law - A Professional Corporation

(510) 465-0025

  • Home
  • About Us
  • Practice Areas
    • Real Estate Law
      • Real Estate Disputes/Partition Actions
      • Foreclosure Avoidance
      • Quiet Title Actions
    • Business Law
    • Contract Law
  • Blog/FAQs
  • Case Results
    • Testimonials
  • Contact Us
Robert Levy Attorney Banner Img

Need Professional Yet Affordable Help With Your Business or Real Estate Legal Matter?

Contact Us

PARTIES’ DUTIES OF DISCLOSURE IN A REAL ESTATE SALES TRANSACTION

Real Estate Law

In California, sellers of real property have a very strong duty to disclose all material facts to the buyer that materially affect value or the desirability of the property; but only those material facts that are known or accessible only to the seller, and only if the seller knows that such facts are not known to the buyer and cannot be discovered after reasonable diligence by the buyer.

Implicit in the seller’s duty of disclosure, is the buyer’s duty to conduct their own investigation regarding the property. Since the seller is only responsible for those material facts that cannot be discovered by the buyer after reasonable diligence, the buyer cannot fail to conduct inspections of the property, and then hold the seller legally responsible for defects to the property that the seller did not disclose but would have been discovered by the buyer had they completed the inspections prior to the sale.

In addition to the seller and buyer having duties regarding investigations and inspections, the real estate brokers and agents also have duties. The real estate brokers and agents representing the seller and buyer have a duty to inspect the property, and to disclose to the buyer any defects they discover that materially affect the marketability and desirability of the property.

Cases involving failure to disclose defects in a real estate sales transaction are very common. In California, because there are so many moving parts, these cases can be complicated. An analysis should be completed to determine, among other things, whether or not the defect is a material defect, whether or not it is a defect that the seller had a duty to disclose and failed to disclose, whether or not the defect would have been discovered after a reasonable inspection of the property by the buyer, or whether the defects were discoverable by the real estate brokers.

If you have purchased a property and have discovered defects that you believe may be the result of a violation of one of the other parties’ duty to disclose; or if you are a seller where such a claim has been asserted against you; or if you are a real estate broker or agent where such claims have been asserted against you, you should consult with an attorney right away. Because there are statutes of limitations and legal deadlines that need to be met, promptly dealing with the issue can be critical.

I regularly represent clients in the East Bay, California, in Oakland, California, and in Walnut Creek, California, in failure to disclose or non-disclosure cases. If you have questions, or need representation by a California real estate attorney involving a non-disclose case, please feel free to contact me to discuss your case or to arrange for a consultation. I can be reached at (510) 465-0025 or (925) 708-3306.

Filed Under: Real Estate Law

Primary Sidebar

REAL ESTATE & BUSINESS FAQS

Need Professional Yet Affordable Help With Your Business or Real Estate Legal Matter?

Then contact the Law Office of Robert I. Levy for your FREE phone consultation at (510) 465-0025.

  • I really do welcome your call.
  • I will gladly talk with you over the phone without charge.
  • I'll return your call promptly if I am not available when you call.
  • I will not pressure you in any way.
  • And if for some reason I can't help you, I will put you in touch with another law firm in the area.

Contact Us

  • For a free initial telephone consultation, or a reduced rate initial office consultation, please call my office. You can reach me by calling 510-465-0025 (Oakland office) or 925-708-3306 (Walnut Creek office)

  • This field is for validation purposes and should be left unchanged.

Have A Question? Type It Here.

Categories

  • Business Law
  • Foreclosure
  • General Information
  • Real Estate Law

Recent Posts

  • What Is A Reverse Mortgage And Should I Get One?
  • How To Evict A Tenant In Your Commercial Building
  • What Is A Quiet Title Action In California?
  • What Is A Marvin Claim & How Do I Pursue One?
  • What Names Should Be On A Deed To A Property In California?

Oakland Office: 2100 Embarcadero, Suite 105 | Oakland, CA 94606 | Phone: (510) 465-0025
Walnut Creek Office:  | Walnut Creek, CA 94598 | Phone: (925) 708-3306
Disclaimer: Use of this Website does not establish an Attorney - Client relationship. Attorney Advertising. Prior results do not guarantee similar outcomes.
Copyright © 2008–2025 | Privacy Policy
Website & Marketing by: The Attorneys ATM

  • Home
  • About Us
  • Practice Areas
    • Real Estate Law
      • Real Estate Disputes/Partition Actions
      • Foreclosure Avoidance
      • Quiet Title Actions
    • Business Law
    • Contract Law
  • Blog/FAQs
  • Case Results
    • Testimonials
  • Contact Us