Real Estate Disclosure Attorney Serving Los Angeles, California

Real estate transactions can be some of the most complicated legal and financial dealings you’ll come across. In most cases, there will be a large amount of money exchanged and both pirates will be signing multiple documents and contracts that outline the details of the transaction. Also, there are often both state, county, and city regulations and required real estate disclosures you must remain in compliance with—which can confuse matters even more.  

If you’re thinking of entering into a real estate deal or are already involved in one and would like to meet with an experienced attorney to discuss your concerns or questions, call us at the Builders Law Group, Inc. We’re pleased to provide legal assistance to those in the Los Angeles, California area as well as the regions of Riverside County, Orange County, Ventura County, San Bernardino County, and San Diego County. 

Understanding Real Estate Disclosures 

When one party is selling property to another, they will be required by California real estate disclosure laws to provide certain information about the property. In general, this will include any negative details about the property that could affect its overall value such as defects and damage that can impact the condition of the home. These disclosures can cover nearly every aspect of the home such as: 

• Repairs that have been made: Any repairs that have been made to major home systems like plumbing or electricity should be disclosed to the buyer along with any documentation of the work that was performed and why the work was done. For instance, if there was a major water leak that necessitated the pipe repair, the buyer should know about this. 

• Water damage: Water damage is an important disclosure to make along with any remediation efforts that were made to address it. This can be especially important because water damage is often hard to detect since it can seep into crawl spaces, attics, or in the drywall causing damage or mold that may not be noticed for months or even years down the line.  

• Any deaths that have occurred in the home: This is one of the more peculiar disclosures, but in California, sellers must disclose if someone died in the home within the last three years and this includes natural deaths.  

• Negative information about the neighborhood: If there are ongoing problems with the neighborhood such as excessive noise or odors, this should be disclosed to the seller particularly if these things aren’t immediately noticeable (for instance if the noise only occurs at night). 

• Homeowners Association (HOA) details or neighborhood regulations: If the property is subject to an HOA this information as well as applicable fees and maintenance requirements must be shared. Additionally, if there are other regulations about the area of town that will affect how the property must be kept up this should also be disclosed (for example if the home is in a historic area and can only be painted or decorated in a certain style).  

• Potential hazards: Hazards such as being located in a floodplain, having lead paint or pipes, using building materials made with asbestos, or if the house has or had oil tanks need to be disclosed. 

• Any missing items: Larger appliances like a stove, refrigerator, HVAC systems, or even custom blinds that may be present during a walk-through but won’t be included in the final sale need to be called out. 

Legal Obligations of Sellers in California  

One important reason to work with a real estate attorney during your transaction is to ensure you’re meeting the seller's obligations in California because there will be consequences if these are breached. If you lie about any of these disclosures or try to hide negative details about the house from a potential buyer you risk being sued or fined heavily.  

Additionally, if you have a buyer who has made a formal offer and you are in the last stages of finalizing the deal, they will be legally permitted to terminate their offer at the last minute if they discover you’ve failed to disclose crucial details about the house. This can cost you not only precious time but also a great deal of money.  

How an Attorney Can Help

Having an attorney present through each stage of a real estate transaction can provide peace of mind and give you a trusted partner to consult with anytime an issue or concern arises. Most importantly, they can help you avoid any legal troubles like addressing a disclosure dispute and resolving it before it derails your sale. An experienced lawyer can help protect your investment and see to it that the sale moves forward smoothly and efficiently.