When an individual works with a real estate company or real estate broker in California, they expect the property that they purchase to be in the exact condition that the real estate agent represented it to be in. When an agent sells a home without disclosing all of the known information about it, the seller may be charged for misrepresentation of real estate.
For instance, many homebuyers are interested only in brand new properties because they are typically free from problems found in older homes. If a real estate agent were to lead a buyer to believe that a home was brand new, when it had been previously lived in, this would be a misrepresentation of real estate, and the seller would be liable for real estate fraud.
At Garcia & Gurney, ALC, our Pleasanton real estate attorneys aim to help businesses make smart real estate transactions and protect them from real estate fraud. If your business is unsure about a real estate deal, or if you are the victim of real estate fraud, it may be in your best interests to consult with a real estate lawyer right away.
A Real Estate Agent’s Duty to the Buyer
In California, a real estate agent has the duty to disclose to the buyer any facts regarding a home or property that could affect its value or desirability. However, a seller is only required to disclose known facts, or facts that are within reach of the diligent attention and observation of the seller or buyer. A real estate agent is not responsible for unknown defects, or latent defects that pop up once the real estate transaction is complete (Stats. 1985, ch. 1574, § 2, p. 5788).
Furthermore, the seller is required to provide the buyer with a Real Estate Transfer Disclosure Statement (Civ. Code §§1102–1102.15), which must include the following information about a property:
Any waiver of these requirements is void, as such a waiver would go against California’s public policy regarding real estate transactions (Civ. Code §1103(d)).
Damages for Misrepresentation of Real Estate Property in California
If a seller were to defraud you or your business in a real estate transaction, you may be able to open a case of fraudulent misrepresentation. In the event that you go to court and win, you may be awarded one or more of the following:
Consult a Pleasanton Real Estate Attorney
At Garcia & Gurney, ALC, our Pleasanton real estate lawyers represent businesses in the Pleasanton, Alameda, and Contra Costa areas. If you were the victim of real estate misrepresentation, contact the legal experts at 925-468-0400 to schedule a consultation right away.
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