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.
That would be fraud then. Definitely against the seller but perhaps the agent as well.
When in doubt, sue them all and let the judge sort them out?
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.