“Due to the severity of the facts that raise a failure to disclose lawsuit, high stakes are usually involved. One such example is of a real estate failure to disclose lawsuit encompassing a sellers’ failure to disclose property defects. Nonetheless, some other situations as well make it necessary to initiate failure to disclose lawsuits. This article contains a brief overview of some of these situations and how an expert failure to disclose attorney near me can help you under each situation.”
Do you think that a seller has wronged you in a sale-purchase transaction? If yes, then a failure to disclose lawsuit is exactly what you need. A failure to disclose lawsuit is your legal right to claim damages. It can make good your loss and provide for an adequate amount of compensation towards your sufferings.
In this article, we discuss various situations of failure to disclose lawsuits where our expert failure to disclose attorneys can help you with. For a better perspective and easy understanding, all situations below have been precisely categorized into two broad categories.
The first category discusses different instances of legal claims arising because of failure to disclose property defects. In the second category, we look at some other general situations that give rise to a failure to disclose lawsuit.
So, let’s begin.
What is a failure to disclose lawsuit?
In simple words, a failure to disclose lawsuit is a legal action arising between a seller and a buyer in a sale-purchase transaction.
Buy and sale transactions, in most cases, require a seller to fulfill certain duties to satisfy as the rights of a buyer. Among such duties, a seller holds a responsibility to disclose certain material information about the item or goods being transacted.
What counts as material information is the susceptibility of such facts to reasonably affect the buying decision of the buyer. Thus, inadequate, and inappropriate disclosure of material information may constitute as a failure to disclose.
Consequently, a buyer in such a situation may plan to file a failure to disclose lawsuit if he –
- has already or is currently suffering from damages, and/or
- anticipates a loss or continuation of the current loss in the future.
Duty of a seller and a buyer to prevent a failure to disclose lawsuit
Duty of a seller
As mentioned above, a seller must provide the buyer with all necessary information that might qualify as material in a failure to disclose lawsuit. Additionally, the most preferable manner of doing this is to provide a written account of all such material facts and figures.
Duty of a buyer
While a seller must voluntarily disclose all material facts and figures, there is some responsibility on the buyer’s side as well.
A buyer before making a purchase should exercise due diligence to determine the fitness of an item being purchased. This will confirm the existence or non-existence of any material defects in it. For example, hiring a contractor or a house inspector in a real estate transaction before buying a property.
A failure to disclose lawsuit situation will be only legitimate where a buyer has used his right of exercising reasonable diligence in identifying material defects.
Consequently, a seller’s liability in most cases of a failure to disclose lawsuit arises only when –
- a buyer couldn’t identify material defects with due diligence, and
- neither the seller discloses such information, either partially or completely, to the buyer.
Failure to disclose lawsuits – Situations we handle
The most obvious and common situation of a failure to disclose lawsuit usually lies in real estate transactions. However, there also exist other situations of failure to disclose lawsuits as well.
In this section, we briefly discuss these situations.
Types of real estate property defects
Before proceeding further, let us first review the two types of defects that are present in a real estate property. While both these defects give rise to a real estate failure to disclose lawsuit, a court will handle each case differently.
- Patent defects – Patent defects are defects that are obvious and easy to locate with the naked eye or with a little inspection. Most state laws require buyers to conduct reasonable inspections to detect such defects.
A buyer’s negligence in conducting such inspection or identifying patent defects is less likely to win any damage claim.
- Latent defects – A latent defect is a defect that is present but isn’t easy to discover with normal or even expert inspection. Such defects might take years to reflect fully, during which it will continue to create damage to the property of the buyer.
Latent defects are generally recoverable at the time when they are discovered. A buyer may receive compensation depending on the magnitude of damage that has been caused by a latent defect for years during which it remained hidden.
Types of legal claims or situations that give rise to a failure to disclose lawsuit resulting from failure to disclose property defects
1. Breach of contract claim that results in a real estate failure to disclose lawsuit
Most of the real estate sale-purchase agreements contain a specific form known as the “Seller’s Property Disclosure” form. A seller’s failure to submit proper information through this form about the property being transacted is a breach of contract.
A buyer can claim damages in a failure to disclose lawsuit under such a situation if he/she can fulfill all the following four elements –
- Proof the existence of a sale-purchase agreement between the buyer and the seller,
- The buyer performed part of his duties under the said sale-purchase agreement or if not, then a valid reason to justify such non-performance,
- Lack of performance by the seller of his/her duties under the said sale-purchase agreement, and
- Proof of damages incurred because of the above.
2. Misrepresentation claim causing a real estate failure to disclose lawsuit
Another basis for initiating a real estate failure to disclose lawsuit is a misrepresentation claim. A misrepresentation occurs when a seller makes a false statement or affirms a statement that is not true.
A real estate failure to disclose lawsuit arises when a buyer can confirm the following criteria –
- The seller did make a false statement,
- Such false statement was intentionally made to make the buyer rely and act upon it,
- Consequently, the buyer did rely and acted upon such false statement and as a result suffered losses, and
- Proof of encountering damages because of the above.
3. Non-disclosure claim that leads to a failure to disclose lawsuit
Although non-disclosure and misrepresentation may seem similar, there lies a technical difference between the two.
While misrepresentation is making a false statement, a non-disclosure happens when a seller deliberately avoids making any statement at all.
Other situations that may give rise to a failure to disclose lawsuit
Besides the most common real estate situations discussed above, the following is a brief account of situations that may give rise to a failure to disclose lawsuit.
1. Deceptive or false advertising resulting in a failure to disclose lawsuit
Unfortunately, the world of marketing sometimes involves using deceptive techniques to promote the sale of a product or service.
Deceptive or false advertising is generally defined as an intentional act –
- to publicize a false statement about a product or service,
- derive its sales, and
- gain monetary benefits.
For example, advertising a product or service with a false number of benefits that it either does not contain, or is actively silent about the defects or possible dangers that it contains.
2. Misleading or confusing labels ending in a failure to disclose lawsuit
A person or company, especially dealing with food items, may use misleading or confusing labels to captivate innocent and unaware buyers’ attention. Such users and buyers of products must rely on the given information on a product’s label, to make their purchase decision.
But since the labels do not provide enough information, this could mislead the buyers and result in damages.
3. Bait and switch fraud that may result in a failure to disclose lawsuit
Bait and switch fraud is a popular retail sales tactic used to lure in customers. It starts with offering low priced but unavailable items, and then forcefully trying to sell similar and available but highly-priced items.
Although this retail sales tactic is common and many countries enforce laws to discourage and penalize such practices. Still, not all instances of bait and switch technique might be necessarily deemed as fraudulent activity.
4. Unfair competition practices leading to a failure to disclose lawsuit
Business rivalries and cut-throat competition is a powerful igniting force behind many unfair competition practices. This includes business rivals using –
- similar products names,
- hard to differentiate product packaging styles or copying each other’s product appearance,
- infringement of trademarks, copyrights, and patents,
- false accusations against each other to impair goodwill and deprive loyal clientele, and
- stealing trade secrets.
Why hiring us as your failure to disclose attorney in a failure to disclose lawsuit is the best choice?
Because our failure to disclose attorneys near me have helped protect the interests of numerous clients like you. Based on this experience, we can fully comprehend what you might have been going through after discovering a failure to disclose situation in your case.
Remember that in most cases of a failure to disclose lawsuit, there happens to be a minimum chance of reversing the wrongdoings of a seller. This includes a court’s ruling to terminate an entire sale-purchase transaction, with the seller compensating the buyer with the purchase price and any other related expenditures.
But when this isn’t possible, the only best bet available to you is to contest your case in the most compelling manner. This can ensure the best possible outcome in the form of a compensation to mitigate the damages incurred by you.
Our team of failure to disclose attorneys near me at Attorneys Real Estate Group can help you achieve this objective. Depending on your case needs, we can design an extensive legal approach to defend your rights and protect your interests.
Hiring the right failure to disclose attorney near me for your needs
As a buyer, perhaps the worst thing to anticipate in any sale-purchase transaction is finding yourself as a victim of a failure to disclose incident. Whether it is deliberate or indeliberate concealment of information by the seller, depending on the stakes involved, a lot can or may have gone wrong in your situation.
Therefore, the best advice to follow is to seek professional competence of an expert failure to disclose attorney near me. Luckily for you, Attorneys Real Estate Group offers the best professional guidance with its team of failure to disclose lawyers.
Our failure to disclose attorneys can provide both assistance and endurance in matters like these. Based on our years of experience, we can help you evaluate the best possible modes of compensation in a failure to disclose lawsuit.
Simply, give us a call at 916-999-5575 or visit our website at Attorneysre.com. You can also get free legal consultation by filling in the form at this link. One of our attorneys will get back to you as quickly as possible and will be glad to assist you. We look forward to welcoming you soon.