Sellers of residential property in California have a legal obligation to disclose information about the condition of the property which affects the value or desirability of the property. This can include known defects in improvements with the property, painting over leaks/water damage, pest infestations and failing to disclose illegal improvements and alterations of the property. Whenever such information exists Sellers cannot escape their obligations by disclosing only partial information as all pertinent facts must be disclosed. Real estate brokers for the seller also have a legal obligation to visual inspection of the property.
There are many different types of real estate agreements and several different legal precedents that a real estate attorney may be able to use to enforce them. Breach disputes often arise in connection with real estate purchase agreements, lease agreements (including) assignment/sublease agreements) and boundary or land-use agreements. There is specific case law and varying statutes applicable to each of these areas of real estate law. If a party breaches a real estate agreement, or if another party accuses you of breaching your agreement, it is very important to involve an attorney at the earliest possible stage to help you come up with a strategy to resolve the issue and possibly prevent very expensive and stressful litigation.
Failure of Seller to Disclose Defects With Property
Breach of Lease/Guaranty Litigation
Litigation over an alleged breach of a lease or guaranty agreement can involve highly technical legal rules and tremendously high stakes. Industry standard lease agreements may require certain steps be taken prior to filing a breach of lease action. The lease agreement will also frequently identify what kind of damages can be demanded when the agreement is breached.
If you would like to sue someone for breaching a lease or guaranty or have been threatened with such a suit, you should consult with a qualified California real estate attorney without delay to strategize a way to resolve the dispute.
Breach of Various Real Estate Agreements
There are a variety of other real estate agreements which can be enforced against others including easement agreements, license agreements and Covenants, Conditions & Restrictions (commonly known as CC&R’s) which are commonly used in condominium communities and certain neighborhood developments. Our office has experience in litigation the enforcement of these agreements and can consult with you if you are contemplating suing or have already been sued for a violation of one of these agreements.
