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One of the biggest problems that occur in real estate sales is the failure of sellers to disclose problems that they are aware of in the property. Of course, sometimes, the seller has no knowledge of a defect, and had no reason to know. There is no duty on the part of the seller to disclose something that he does not know. This is why buyers are given the opportunity and are encouraged to have property they are going to purchase inspected by licensed contractors during the escrow period. When a buyer finds a problem with a home they recently purchased, there are usually three groups from whom they will seek restitution:
Most problems can be resolved quickly, if the parties will just talk to each other. Trust seems to disappear quickly, however. It would be wise of people who are having a dispute to immediately go to mediation. The best medicine is the preventive kind. Make sure your inspectors are licensed and bonded, do your own walk through with due diligence, make sure there is a home warranty in place, and respond to clients problems quickly. If all else fails, give me a call. |
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Send mail to ken@lawken.comLaw Office of Ken Koenen
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