Failure to Disclose Defects in Residential Sales
One of the most common purchase and sale dispute arises from a seller's failure to disclose, or alleged failure to disclose, material facts about the property prior to the close of the transaction. California law imposes on sellers of residential real property a duty to disclose what they know about the property prior to closing the sale.
The law is complicated. Greg Wood is an expert in failure to disclose cases. Earlier in his career, Greg was panel counsel for AIG and in that role litigated many failure to disclose cases in San Francisco Bay Area courts. Greg has given talks all over the Bay Area about the requirements and the nuances of bringing and/or defending a failure to disclose claim. Greg was at one time selected to participate with the California Association of Realtors special counsel board.
Greg has litigated these matters in arbitration and in court with repeated success. In a recent case, Greg represented buyers of a condominium against a seller who failed to disclose a troublesome neighbor. Greg marshaled evidence the seller knew about the neighbor before bringing the claim, which resulted in a six-figure settlement for the client.
If you have discovered that a seller failed to disclose a property or construction defect, contact WLAPC to schedule an appointment to discuss your situation.