Patricia buys a home in Oakland, California. After closing, she discovers the seller knew about a termite infestation but did not disclose it on the TDS. Under California law, which is the strongest legal basis for Patricia's claim against the seller?
Correct Answer
A) Violation of the seller's statutory disclosure obligation under Cal. Civil Code §1102
The seller's failure to disclose a known termite infestation on the TDS violates California Civil Code §1102, which requires sellers of 1-4 unit residential property to disclose all known material defects. Patricia can sue for damages based on this statutory violation.
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Previous Question
Mark, a listing agent in California, learns from the seller that one unit in a fourplex has a persistent mold issue. The seller asks Mark not to disclose the mold because the seller plans to remediate before closing. What is Mark's legal obligation?
Next Question
The Transfer Disclosure Statement requires sellers to disclose various known property conditions under California Civil Code §1102 et seq. All of the following must be disclosed on the TDS EXCEPT: