Real Property Law
Cal. Real. Prop. Journal 2016, VOL. 34, NO. 2
Content
- 2015–2016 Executive Committee of the Real Property Law Section
- Advisory Board
- An Economic Interpretation of the Yvanova v. New Century Mortgage Corporation Decision
- California Real Property Journal Editorial Staff
- Change in the Aftermath of Disaster: Deck Failure Liability, Local Inspection Regimes, and Lapsed Claims
- MCLE Self Study Article: Property Rights to the Periphery of the Universe or Only to the Rooftop?: the Effects of Drones on Airspace Rights in California and Where to Go From Here
- Real Property Law Section Subsection Chairs and Standing Committee Chairs 2015—2016
- Table of Contents
- Defending Buyer Nondisclosure and Misrepresentation Claims in Real Property Transactions
Defending Buyer Nondisclosure and Misrepresentation Claims in Real Property Transactions
Paul P. DeAngelis
Paul DeAngelis, www.ppdlaw.com, has his own firm in San Francisco. Paul concentrates on real estate matters, including litigating buyer and seller disputes arising from purchase and sale transactions, neighbor and HOA disputes, and broker defense issues. He also provides transaction and counseling services to buyers and sellers in transactions, to property owners to resolve neighbor and HOA disputes, and to brokers and agents regarding risk management and BRE compliance issues.
I. INTRODUCTION
This article discusses the law and arguments to consider when defending buyer claims of nondisclosure and misrepresentation arising from the purchase and sale of residential real property with a focused analysis on the element of buyer’s reliance.1 This article addresses developing defenses, whether considered by sellers or real estate brokers,2 for common sources of these claims: repairs, improvements, permits, legal use, or deed restrictions. It also offers suggestions for how sellers could mitigate the risks of such claims, including how to disclose material facts to buyers without making conclusions about their effect on value.