What is a seller's duty of disclosure in real estate transactions?

California, United States of America


The following excerpt is from Andrews v. Alesso, B271725 (Cal. App. 2017):

"A seller's duty of disclosure is limited to material facts; once the essential facts are disclosed a seller is not under a duty to provide details that would merely serve to elaborate on the disclosed facts. [Citation.] Where a seller fails to disclose a material fact, he may be subject to liability 'for mere nondisclosure since his conduct in the transaction amounts to a representation of the nonexistence of the facts which he has failed to disclose [citation].' [Citation.] Generally, whether the undisclosed matter was of sufficient materiality to have affected the value or desirability of the property is a question of fact. [Citations.]" (Calemine v. Samuelson (2009) 171 Cal.App.4th 153, 161.)

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