Failure to Disclose Hidden Defects in San Diego Real Estate

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Real estate sellers and their agents must fully disclose all hidden defects in a San Diego real estate transaction to avoid legal liability for a “failure to disclose.”  The seller must list every possible and known defect or issue with the property and provide this to the buyer in a timely fashion.  The provision of a home warranty, or even an inspection by the buyer does not relieve the seller or their agent(s) of this responsibility.

If you find mold, a crack in the foundation due to a leak, strong persistent odors or noises in the neighborhood, or any other hidden defect after purchasing a property we invite you to contact the experienced real estate attorneys at the Watkins Firm.  We have decades of experience helping to hold sellers and their agents responsible for the failure to disclose hidden defects.  The buyer, in these cases, will have a variety of options.  When you call us for a free and substantive consultation at 858-535-1511 we will discuss your goals for the situation, and provide several alternatives for resolving the dispute.

The failure to disclose hidden defects in a San Diego real estate transaction is serious business.  Sellers and their agents should exercise extreme responsibility when completing and providing the required “Transfer Disclosure Statement” or TDS.  The remedies available to the buyer include the recovery of “damages”, or the financial cost of restoring the property to the represented condition, as well as “rescission” which allows a buyer to return the property to the seller and be reimbursed for all costs as if the transaction had never taken place.