Fires, Landslides, Flooding, Environmental Impacts, Ground Contaminations...
In 2018 California Homeowners experienced over $30,000,000,000 in devastating losses of property and life
In Violation of California Disclosure Laws - Natural Hazards Disclosures NHD, most of the Real Estate Transaction in the last 10 years Failed to Comply with those laws defrauding Buyers of Homes of their legal right to receive complete and accurate Material Facts/Hazards disclosures that affect the Desirability and Value of their Properties.
Today there are hundred of thousands of homeowners with rights to sue. Barrister Data is the only data site that gives access to attorneys (plaintiffs and defendants) homeowners and responsible Real Estate Agents with Access to easily to understand and to identify claims specific to their properties. Barrister Data eliminate the high cost of claim preparation with pre-researched Specific Laws and Case Laws that relates to each mandate Hazard and identifying the responsibilities and liabilities of Sellers, Brokers and Agents and NHD Report companies.
The California Courts have send a clear message, here some examples:
Landslide
$1,000,000 judgment for failure to disclose landslide potential. Michael Morter, et al. v. Thunderbird Realty Santa Cruz County Superior Court Case #CV136523. Filed 08/31/1999.
Outdated NHD Report
Buyer’s agent’s liability - the court found the buyer’s agent liable for negligence and breach of fiduciary duty when he delivered a factually true Fault Hazard Earthquake report to the buyer, but failed to investigate whether the contents were outdated and simply told the buyer to “check it out.” Saffie v. Schmeling (2014) 24 Cal.App.4th 563
Real Estate Agent Fiduciary Duty to the Client
A real estate agent’s fiduciary duties to the client require the highest good faith and undivided service and loyalty. Stiefel v. McKee (1969) 1 Cal.App.3d 263, 266
Flood
Seller and dual agent failed to disclose. Morris v. Taulbee, et al. Saffie v. Schmeling Morris v. Taulbee, et al. (Santa Clara County Superior Court Case CV977421). Saffie v. Schmeling, (2014) 24 Cal.App.4th 563
Buyer’s Agent Breached of Fiduciary Duty
Buyer’s agent found to have breached fiduciary duty owed to the buyer. This action potentially subjects the buyer’s agent to actual damages caused by the breach. Salahutdin v. Valley of California, Inc (1994) 24 Cal.App.4th 555, 565
Non Disclosure of Landslide Zone
If a buyer does not receive a disclosure that a property is located within a landslide zone, or if he has received inaccurate information, the judgement could be the entire value of the property. Vaill v. Edmonds 4 Cal. App. 4th 247, 257, 6 Cal. Rptr. 2d 1, 7 (1991)
Failure to Disclose Environmental Hazard
Seller failure to disclose contamination. Lively v. Heydarian, et al El Dorado County Superior Court PC0000236
Actual Damages Definition in Nondisclosure Claims
“Actual damages” in terms of CIV § 1102 nondisclosure claims has been interpreted as the damages described in CIV § 3343 as, “the difference between the actual value of that with which the defrauded person parted and the actual value of that which he received, together with any additional damage arising from the particular transaction. Saunders v. Taylor 42 Cal.App.4th 1538 (1996)
Failure to Provide the Most Complete and Accurate Report Available - Fraud
Seller received a complete and accurate NHDS report when purchasing a property and then provided a new buyer with an incomplete and inaccurate report at the property was resold. Bandalin v. Sohai Superior Court of California, County of Marin, CIV073157. In RE Sohaei, Memorandum Decision, 2012 WL 2790802
Agent and Supervising Broker Held Liable for Agent's Failure to Make Disclosures
If the seller’s agent acts negligently or willfully in failing to make disclosures to the buyer, the corporation may be vicariously liable for the buyer’s actual damages. If this is the case, the supervising broker may be subject to liability to the corporation for indemnification if an injured buyer joins the corporation as a defendant in any action against the seller’s agent, but likely will not be liable to the buyer directly. Walters v. Marler Civ. No. 40396. First Dist. Div. Four. June 23, 1978
Failure to Disclose Noise
Fraud against agent/seller -Rescinded of real estate sale for misrepresentation of noise. Bennette v. Cesari (binding arbitration) cited in “Property Condition Disclosure Forms” by George Lefcoe in Real Property, Probate and Trust Journcal (Summer 2004),pp, 906-207
Failure to Disclose Expansive Soils
Court affirmed an award for actual damages based on misrepresentation of a material fact where the seller’s concealment of soil conditions was discovered when the buyer noticed structural property damage. Burkett v. J. A. Thompson & Son Civ. No. 22188. Second Dist., Div. Two. Apr. 29, 1957
Failure to Disclose Protected Habitat/Species Zone
Buyer precluded from certain actions on his/her property even if the protected species or habitat is not physically located on the subject property but still poses an imminent threat of harm to that species or habitat. Forest Conservation Council v. Rosboro Lumber Co No. 94-35070 (9th Cir. March 24, 1995)
Intentional Misrepresentation
Agents’ liability for breach of fiduciary duty and intentional misrepresentation. Had the buyers known that the soil report was produced by an illegitimate source misrepresenting the property’s build-ability, the buyers would not have purchased the property. Glen Oaks Estates HOA v. REMAX Premier Properties (2012) 203 Cal.App4th 913
Failure to Disclose Military Ordnance
Due to proximity to Military Ordnance, the evidence by expert reduced the fair market value of the subject property. Kuperman v. Assessment Appeals Bd No. 1, 137 Cal. App. 4th 918, 40 Cal. Rept. 3d 703 (2006).
Concealment of Material Facts
Conduct in the transaction amounts to a representation of the nonexistence of the facts which he has failed to disclose, which can amount to a negative fraud. Lingsch v. Savage (1963) 213 Cal. App. 2d 729, 735
Disclosures Mandated by Local Jurisdiction
Locklin v. City of Lafayette 7 Cal. 4th 327, 353, 867 P.2d 724, 739 (1994)
Buyer not held to constructive notice of a public record
In the case of fraud, buyer justifiably relied on the seller’s non-disclosure or inaccurate disclosure. Manderville v. PCG & S Grp., Inc 146 Cal. App. 4th 1486, 55 Cal. Rptr. 3d 59 (2007)
Coastal Protection
Nollan v. California Coastal Commission, 483 U.S. 825 (1987) 483 U.S. 825 (1987)
Failure to Disclose Liquefaction Zone
If the subject property is located within a liquefaction hazard zone, the buyer should receive this disclosure. Oakland Heritage All. v. City of Oakland 95 Cal. App. 4th 884, 124 Cal. Rptr. 3d 755 (2011)
Right to Farm
California courts have interpreted the right-to-farm protection as extending to more than just nuisance actions where an extension is warranted by the underlying legislative intent. Rancho Viejo LLC v. Tres Amigos Viejos LLC 100 Cal. App. 4th 550, 123 Cal Rptr. 2d 479 (2002)
Duty to Disclose Material Facts
Duty of disclosure relates to facts that materially affect the value and desirability of the property, but not the consequences of those facts. Sweat v. Hollister (1995) 37 Cal.App.4th 603