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Failure to disclose negative neighborhood problems (neighbor operating a tree trimming business from home, late-night basketball games, parking too many cars on the property, pouring motor oil on the roof of their house, etc.) that have a foreseeably depressing affect on the value of the property is tortuous.

Real Estate Licensee Has No Duty to Disclose Terms of Litigation Settlement or Explain Implications of Previously-Disclosed Construction Defect Lawsuit. California Civil Code buyer or prospective buyer of the duty to exercise reasonable care to protect himself or herself, including those facts which are known to or within the diligent attention and observation of the buyer or prospective buyer.

Dual Agency Must Be Disclosed As Soon As Practicable Prior To Presenting the Buyer’s Offer.

The duties owed by a real estate licensee in the context of a real estate transaction arising out of agency principles and Civil Code Section 2079 do not apply to nonparties, such as children of the buyer, live-in partners, nannies, relatives and tenants.

A real estate broker(and any licensee as agents for the broker) has a duty “to disclose to a buyer material facts he or she is liable for fraudulent concealment or for negligent misrepresentation.

The broker has an affirmative duty to use reasonable diligence to discover and then disclose any material defects of the property.

Broker’s liability for square footage error to be decided on case-by-case basis. Seller and listing agent who over-estimated square footage of residence by more than twenty percent may be liable to buyer.

Broker’s failure to provide the sellers with the statutory agency disclosure statement prior to execution of the listing agreement makes the listing agreement voidable. In addition, the sellers may be entitled to rescission of the sale of the property as a remedy.

REALTORS sued for failure to disclose the property’s defects may seek equitable indemnity from the property inspectors who...