Failure To Disclose Lawsuit

Attorneys Real Estate Group

We Handle Real Estate Contracts, Builder Disputes, Failure To Disclose & More..

“Due to the severity of the facts that raise a failure to disclose lawsuit, high stakes are usually involved. One such example is a real estate failure to disclose lawsuit encompassing a seller’s failure to disclose property defects. Nonetheless, some other situations also make initiating failure to disclose lawsuits necessary. This article briefly overviews some of these situations and how an expert’s failure to disclose attorney near me can help you under each situation.”

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Failure To Disclose Lawsuit

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 up for your loss and provide an adequate amount of compensation for your suffering.

In this article, we discuss various situations of failure to disclose where our expert failure to disclose attorneys can help you. All situations below have been precisely categorized into two broad categories for a better perspective and easy understanding.

The first category discusses legal claims arising from failure to disclose property defects. In the second category, we look at other general situations that give rise to a failure to disclose lawsuit.

So, let’s begin.

 

What is a failure to disclose lawsuit?

Simply put, a failure to disclose lawsuit is a legal action between a seller and a buyer in a sale-purchase transaction.

Buy and sale transactions, in most cases, require a seller to fulfil specific duties to satisfy the rights of a buyer. Among such duties, a seller is responsible for disclosing 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 buyer’s buying decision. Thus, inadequate and inappropriate disclosure of material information may constitute 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
  • anticipates a loss or continuation of the current loss in the future.

Disclosing real estate transactions is crucial because certain property imperfections can drastically reduce a home’s or commercial property’s value. It also assures that all parties enter into the deal fairly and honestly in full knowledge of the property’s condition.

Buyers must be aware of the variety of disclosures that have to be made by sellers according to California law. In many cases, sellers will provide these disclosures after examining their property. Disclosures may be provided following the buyer’s acceptance of an offer for a property. They should be done before the signing of a contract.

 

Duty of a seller and a buyer to prevent a failure to disclose lawsuit.

 

Duty of a seller

How to prove seller lied on disclosure? As mentioned above, a seller must provide the buyer with all necessary information that might qualify as material in a failure to disclose a 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 also some responsibility on the buyer’s side.

Before making a purchase, a buyer should exercise due diligence to determine the fitness of an item. 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 to exercise 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, partially or completely, to the buyer.

 

Failure to disclose lawsuits – Situations we handle

The most apparent 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.

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 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 obvious and easy to locate with the naked eye or with a bit of 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 damage the buyer’s property.
    Latent defects are generally recoverable at the time when they are discovered. A buyer may receive compensation depending on the magnitude of damage caused by a latent defect for years during which it remained hidden.

 

A buyer before making a purchase should exercise due diligence to confirm the existence or non-existence of any material defects in the item being purchased.

Before making a purchase, a buyer should exercise due diligence to confirm the existence or non-existence of any material defects in the purchased item.

 

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 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 a lawsuit under such a situation if he/she can fulfil all the following four elements –

  1. Proof of the existence of a sale-purchase agreement between the buyer and the seller,
  2. 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,
  3. Lack of performance by the seller of his/her duties under the said sale-purchase agreement and
  4. 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 –

  1. The seller did make a false statement,
  2. Such a false statement was intentionally made to make the buyer rely on and act upon it,
  3. Consequently, the buyer relied on and acted upon such a false statement and, as a result, suffered losses and
  4. Proof of encountering damages because of the above.

 

3. Non-disclosure claim that leads to a failure to disclose a lawsuit

Although non-disclosure and misrepresentation may seem similar, there lies a technical difference between the two.

While misrepresentation is making a false statement, non-disclosure happens when a seller deliberately avoids making any statement.

 

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 failing 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 its defects or possible dangers.

 

2. Misleading or confusing labels failing to disclose a 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 information on a product’s label to make their purchase decisions.

However, since the labels do not provide enough information, this could mislead the buyers and result in damages.

 

3. Bait and switch fraud that may fail to disclose lawsuit

Bait and switch fraud is a popular retail sales tactic to lure 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, 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 are a powerful igniting force behind many unfair competition practices. This includes business rivals using –

  • similar product 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.

 

Tips to Prevent a Dispute of Failure to Disclose

Here are some suggestions for sellers to avoid the possibility of a lawsuit for failure to provide:

 

Full Disclosure:

To avoid legal issues, you must provide accurate and complete information regarding the property. This includes revealing all known issues, defects or issues.

 

Pre-Listing Inspection:

Conduct a thorough examination of your home before placing it on the market. This will help you determine any issues you must address before selling or revealing potential buyers.

 

Documentation:

Maintain meticulous records of every repair and maintenance job and inspections and upgrades you make for your house. These records will prove that you’ve taken property maintenance and could aid in establishing your disclosures.

 

Honesty:

Be truthful in all your interactions with prospective buyers. Deceit or fraud could cause legal problems and damage your reputation.

 

Use Professional Help:

Engaging with knowledgeable lawyers or real estate agents will help you adhere to all applicable laws and regulations.

Sellers are advised that filling out an information statement for the Statement of Seller’s Property Statement would not be in their best interest. These forms can be complex to complete correctly. Many people can only complete the form accurately with the help of an expert team of lawyers, surveyors, inspectors and agents.

 

Why should you hire us as your failure-to-disclose attorney in a failure-to-disclose lawsuit? It’s the best choice.

Because our failure to disclose attorneys near me has 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 the situation in your case.

Remember that in most cases of a failure to disclose a lawsuit, there happens to be a minimum chance of reversing the wrongdoings of a seller. This includes a court ruling to terminate an entire sale-purchase transaction, with the seller compensating the buyer with the purchase price and other related expenditures.

But when this isn’t possible, the only best bet available to you is to contest your case most compellingly. This can ensure the best possible outcome in the form of compensation to mitigate the damages you incurred.

Our team’s failure to disclose lawyer San Diego 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.

 

Bottom Line

As a buyer, perhaps the worst thing to anticipate in any sale-purchase transaction is finding yourself a victim of a failure to disclose an 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 is to seek the professional competence of an expert failure to disclose an 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. Based on our years of experience, we can help you evaluate the best possible compensation modes in a failure to disclose lawsuit.

Simply call us or visit our website at Attorneysre.comYou can also get free legal consultation by filling out the form at this link. One of our attorneys will get back to you quickly and gladly assist you.

We look forward to welcoming you soon.

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