Within 45 days after we signed the purchase agreement to purchase a property ( a new house to be built on an empty lot) from a Californian builder, we discovered that the home site is facing a street which is a Fire Lane where no cars can park. The builder did not disclose this important fact in the agreement. We then canceled the purchase and demanded the refund of our deposit. But the builder refused to give the deposit back to us arguing that it's our responsibility to inspect the site which is a empty lot before we sign the contract. We argue that the builder breached the contract first by not making the disclosure of Fire Lane in the agreement. Do we have a chance to get back our deposit? Is there any Fire Lane disclosure requirement in California Real Estate Law? Where can we find this kind of requirement if any in writing?
Thanks for your help!
