Buyers and Sellers Beware – Part 3

Part 3:   Buyer’s Duty To Exercise Due Diligence Carpenter v. Hamilton (1936) 18 Cal.App.2d 69 California Civil Code Section 2079.5 (“Buyers or Prospective Buyers; Duty of Reasonable Care”) provides: “Nothing in this article relieves a buyer or prospective buyer of the duty to exercise reasonable care to protect himself or herself, including those facts which [...]

Buyers and Sellers Beware – Part 2

 Seller’s Duty To Disclose Material Facts Pagano v. Krohn (1998) 64 Cal.App.4th 1534   Pagano v. Krohn discusses a Seller’s duties of disclosure in a residential real estate transaction and interprets Civil Code Section 1102, et seq. In general, a seller’s duty is to disclose any and all material facts that affect the value or [...]

Buyers and Sellers Beware – Part 1

Part 1: The Relocation Company “Seller” Shapiro v. Sutherland (1998) 64 Cal.App.4th 1534 Shapiro v. Sutherland is the seminal case in California involving a Relocation Company’s duties in a residential real estate transaction. In general, a Relocation Company administers the benefits an Employer offers to a Transferring Employee. Often, those benefits include relieving the Transferring [...]