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Posted about 3 years ago.

Thank you, attorney Parikh, for your advise. The statements above aren't necessarily non-disclosure just inaccurate. My understanding it is illegal to inform buyers in writing that a house has been repiped with copper and an upgraded panel when it is not true. I have never been involved in this type of suit and am not sure if this is a case geared toward seller or toward the agent.

Sagar P. Parikh
Sagar P. Parikh, Contracts / Agreements Lawyer - Beverly Hills, CA
Posted about 3 years ago.

That would be fraud then. Definitely against the seller but perhaps the agent as well.

Gary Ralph Ilmanen
Gary Ralph Ilmanen, General Practice Lawyer - Perris, CA
Posted about 3 years ago.

When in doubt, sue them all and let the judge sort them out?

Dana Leigh Cisneros
Dana Leigh Cisneros, Business Attorney - Orange, CA
Posted about 3 years ago.

I would also add that regarding mediation and arbitration, the DRE form is "if demanded" as a precursor to recovery of attorneys' fees. There would not be privity of contract with the listing (seller) agent that would bind the buyer to a mediation or arbitration agreement. When you retain an attorney, you would want to make sure that they solicit a waiver from the other side, and if not, get the ball rolling asap.