Real estate law can be complex, but it is intended to protect the buyers and sellers from misrepresentations and fraud. Real estate law is not something the usual property owner can work with, and they must use the services of a real estate lawyer who is experienced in all aspects of the laws dealing with real estate transactions.
Disclosing defects is the obligation of the seller, but doing so is often not in the seller’s best interest of selling the property quickly and at a higher price. However, the failure to disclose defects in real estate will lead to serious problems later on. When the purchaser discovers serious defects, he has recourse under the law to initiate litigation against the seller to recover damages. Some of the actionable defects and problems are described below.
These are among many defects and problems which must be disclosed.
1. Defective Doors and Windows
2. Termite Infestations
3. Slabs which are cracked
4. Structural defects of any type
5. Water damage caused by leaking pipes, roof leaks, and sewer backups
Construction defects, such as improper drainage, leaking roofs, and settling of the structure, are all problems that a Real Estate Lawyer in Carlsbad can handle. A contract that was truly breached can be reviewed by a real estate attorney to determine what your legal options are. Contracts covering a wide range of real estate transactions can be poorly worded and, therefore, subject to being breached. Fraud can result from concealment of pertinent and important facts. Most fraud cases arise from the failure to disclose a defect in the sale of property. Fraud can take other forms, so it is best to consult a Real Estate Lawyer in Carlsbad to determine if all of the elements of fraud can be proven.
When the real estate broker cares more about a commission than their client’s interest, then their fiduciary duty to the client has been breached. Failure to use customary professional care in handing a real estate transaction is broker malpractice. Your family has a right to live and work in a safe place that will not make them ill. Real estate that creates a health problem should be discussed with a real estate lawyer. Real estate lawyers protect the buyers from being subjected to monetary loss through fraud or neglect in real estate transactions. You can click here for additional info.
