The San Diego real estate hidden defect dispute attorneys at the Watkins Firm help buyers to hold the seller accountable for the failure to disclose hidden defects within a property. In California, the seller (and their agents) are required by law to make a full, transparent and complete disclosure of all known defects, problems or issues with a property prior to closing. The seller is required by law to honestly disclose any issue or defect that would affect the “value or desirability” of real property. These disclosures are made on the Real Estate Transfer Disclosure Statement or TDS. The buyer relies on these disclosures to make a sound investment decision, and when a hidden defect is discovered it takes an experienced and proven San Diego real estate litigation attorney to hold responsible parties legally and financially liable.
The buyer in these cases has several options in a San Diego real estate hidden defect dispute case. In a small percentage of cases the buyer has the right to “recission” – where the buyer is returned financially to a point before the purchase as if the transaction never happened. In most cases the buyer seeks “compensatory” damages which repay the costs to repair or correct the defect or hidden flaw(s) in the property. The court should also consider “punitive” damages when the seller knowingly hid the defects or maliciously acted to hide them from the buyer.
The experienced San Diego real estate hidden defect dispute attorneys at the Watkins Firm are often able to negotiate a settlement that provides the buyer with compensation for the costs they have borne to repair the property as well as additional sums to cover the expenses of pursuing the seller and enduring the experience. When necessary, our litigation attorneys have decades of experience successfully taking these matters to trial.
If you are a buyer who is concerned with hidden defects in a property you’ve recently purchased, we invite you to contact us for a free and substantive consultation at 858-535-1511.