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Practice Of Real Estate DisclosuresMello_roos_and_special_taxesEASY

A seller in a Mello-Roos district in California fails to provide the required written Mello-Roos disclosure to the buyer before closing. After closing, the buyer discovers the $3,800 annual Mello-Roos tax. Under California law, what is the buyer's potential remedy?

Correct Answer

B) The buyer may rescind the transaction or seek damages for the seller's failure to provide the required written disclosure

Under Cal. Civil Code §1102.6b, the seller is required to provide written disclosure of the Mello-Roos special tax. Failure to provide this disclosure gives the buyer potential remedies including rescission (if available) or damages for the undisclosed financial obligation.

Answer Options
A
The buyer has no remedy because property taxes are public record
B
The buyer may rescind the transaction or seek damages for the seller's failure to provide the required written disclosure
C
The buyer can only file a complaint with the county assessor's office
D
The buyer must pay the Mello-Roos tax but can deduct it from their federal income tax return

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Related Topics & Key Terms

Key Terms:

mello_roosdisclosure_failurebuyer_remedyrescissionCal_Civil_Code_1102.6b

Related Concepts

Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.

Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.

Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.

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