Everyone knows to disclose, disclose, disclose when selling their home. Does that include providing a prospective buyer with old reports of physical inspections? Yes!
California Civil Code section 2079 requires your realtor to conduct a reasonably competent and diligent visual inspection of the property offered for sale and to disclose to that prospective purchaser all facts materially affecting the value or desirability of the property that an investigation would reveal. "Material facts" are those from the buyer's viewpoint and include anything that would affect the buyer's willingness to buy the property and pay the price he or she is offering to pay. So while a realtor may not see an old report, he or she may learn about it from the seller and should thereafter disclose it and provide it. California Civil Code section 1102.1 states that a realtor and seller must provide previously received reports of physical inspections. In Gilbert v. Corlett (1959) 171 Cal. 2d 116, a seller of real property was found guilty of fraud against the buyer by failing to disclose a prior engineer’s report that the property under contract had soil condition issues. Sellers are often hesitant to provide old reports because (a) they are old; (b) repairs have been done; or (c) the seller may have a more current report or a cheaper bid. Even if the report falls in any of these categories, it is better to disclose and provide them. If an explanation is warranted regarding the report, then take the time to draft one. The worry is often that the old report will harm the marketability of the property. In hot markets, properties sell, even with damaging reports.
We recently defended an individual who was the restrained party in a Domestic Violence Temporary Restraining Order (TRO). The matter went to trial this Fall 2017 over the course of two and a half days. We were successful in that the court found that there was no abuse and therefore no basis for issuing a permanent restraining order. In addition, our client was awarded a substantial amount of attorney’s fees against the party seeking the restraining order.
Domestic violence is serious and the Alameda County Superior Court employs a “zero tolerance” policy against such matters. In assessing a defense to a TRO, the definition of “abuse” should first be examined. California Family Code section 6200 et seq. defines “abuse” as several ways, including intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing someone in reasonable apprehension of imminent serious bodily injury or engaging in behavior that constitutes molesting, attacking, stalking or harassing.
If you have any questions, please contact us for a free consultation.
Unlike courtroom procedures and practices, mediation is fairly informal. It is a cooperative process where interested parties attempt to resolve their dispute and enter into a binding agreement reflecting what they have agreed to.
Even if litigation has commenced, mediation can be used an effective method to “put the brakes on” expensive courtroom battles...
Even if litigation has commenced, mediation can be used an effective method to “put the brakes on” expensive courtroom battles, giving the parties an opportunity to step back and work on resolution. Additionally, mediation is typically a fraction of the cost of litigation while still remaining confidential.
If you have any questions about mediation, please contact Gargalicana / Graceffa LLP by email or phone. Our experienced firm is happy to explain why mediation may be your best legal remedy.
Our firm works diligently to ensure the best outcome for every single one of our clients. We are humbled by some of the kind words past clients have shared. Deb Graceffa would like to personally thank a recent client for the following kind words:
After interviewing several others I selected Deb Graceffa. She quickly impressed me as being no nonsense, knowledgeable and importantly accessible... Throughout the process Deb was assertive and deeply mindful of my interests.
If you have any questions, please contact Gargalicana / Graceffa LLP by email or phone.