San Diego Real Estate Lawyers

In recent years, a major source of litigation has been the failure to disclose a material property defect. The defects can include foundation cracks, termite infestations, roof leaks, and previous structural damage. The existence of any environments hazards, easements and zoning violations must also be disclosed. The experienced real estate lawyers at the Watkins Firm can help you understand exactly what kind of defects must be disclosed.

Failure to Disclose – What Is the Duty of a Seller?

A seller can be liable for damages if he or she does not make a full and proper disclosure. The seller has a duty to disclose any known material defects on the property. It is recommended that a seller disclose all defects in writing because they may turn out to be material defects.

Failure to Disclose – What Is the Duty of a Buyer?

A seller can only be held liable for failing to disclose if the buyer exercises reasonable diligence when inspecting the condition of the residence. This reasonable diligence can include the hiring of a contractor or home inspector to inspect the premises. A buyer cannot later sue for material defect that he/she should have identified during a preliminary inspection or a defect that he/she knew about before the completion of the sales transaction.

Whether you are a buyer or seller, if there was a failure to disclose a material property defect, it is important to hire an experienced real estate lawyer in San Diego to protect your interests. The Watkins Firm, with over 23 years of experience representing clients in all areas of residential real estate law, would be happy to talk to you about your situation. Please call the office for an obligation-free consultation at 858-535-1511, or email us at