It's astonishing how much misinformation gets thrown around, isn't it?

The rule of thumb for listing agents is that they must be able to perform "inspections" while dressed in a tuxedo, wearing white gloves, and cannot use either a flashlight or a screwdriver or any other tool, including a ladder.

I sbsolutely cringe to think that some agents who make unsupportable statements about what agents should do, what things are expected of agents in any given situation, are actually DOING these things with and to their clients, or giving them advice along these lines.

California Civil Code, Section 1102. of course, this is specific to California. there are specific exemptions.

Every licensed agent/broker in California is familiar with the Transfer Disclosure Statement.

Sit Tight

Locally, there has been a proliferation of such claims for damages, all alleging that the seller and/or the seller’s agent misrepresented the property and failed to disclose known issues.

These claims are primarily based on the Seller’s Disclosure Statement referred to locally as the Seller Property Information Statement (SPIS).

Members of the legal profession are now stating that such statements are an “Open Invitation to Litigation” and are advising their clients to not complete or sign such disclosure documents as they are not mandatory and to suggest that should the buyer have any reservations, then the buyer would be well advised to have a qualified home inspector inspect the subject property prior to closing.

In the event the buyer had the opportunity to have a home inspection completed prior to closing, but declined to do so, will not set well in the eyes of the court.

If the buyer did have an inspection, then your lawyer will request a copy of the inspection report and zero in on why the issues, if any, were not raised prior to closing.

Currently, your lawyer cannot accurately respond to allegations until they are clearly articulated in writing and then he will draft an appropriate response item for item.

Your attorney will most likely closely examined the Seller’s disclosure signed by you , with regard to any issue that you could be expected or shown that you were aware of.

Know that evidence in support of the buyer’s claim against the seller could entail any past insurance claims with respect to the property made by the seller that were not disclosed or any repairs of any nature that were not disclosed.

Your lawyer will most likely request that the opposing party submit all documentation in support of their claim.

Essentially, the buyer’s claim is that the seller was fully aware of present,past and recurring problems with the property and attempted to conceal them, to the detriment of the buyer and thus misrepresented the property,

Sit tight and leave everything to your lawyer.


IMPORTANT NOTICE: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a Lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information.