A seller non disclosure refers to a situation where the seller of a property does not fully disclose known defects or other material information about a property to potential buyers. This failure to disclose important details about a property's condition can be illegal in certain cases and lead to legal issues down the road. Sellers have a duty to disclose pertinent details that could impact a buyer's decision.
There are several key details sellers in California must disclose to buyers by law. These legally required seller disclosures include information about property boundaries, structural issues, remodels or repairs, pest infestations, hazardous materials on site, neighborhood nuisances, applicable zoning codes or restrictions, special tax assessments levied on the property, and more. Failing to properly inform buyers of defects or providing false information gives buyers legal recourse after a sale.
The property attorneys at Nevels + Nichols have extensive experience dealing with seller non disclosure issues. We help protect buyers who were not informed of material property details that affected their decision to purchase. We also represent sellers accused of improper non disclosure to demonstrate they acted in good faith and within legal requirements. Our team guides clients through the complex laws around seller disclosures to resolve these issues effectively. If you need legal representation for a seller non disclosure matter, contact Nevels + Nichols today.
In California, a defendant typically has 30 days from the date of being served with a summons and complaint to file a responsive pleading. However, this timeframe may vary depending on the specific circumstances of the case. It's important to consult with a California civil litigation attorney to ensure compliance with all applicable legal procedures and deadlines.
There are several types of fee arrangements available in civil litigation cases in California, including hourly fees, contingency fees, and flat fees. Hourly fees involve paying the attorney for each hour of work performed, contingency fees involve paying the attorney a percentage of the settlement or judgment obtained, and flat fees involve paying a fixed amount for legal services. The type of fee arrangement that is most suitable for a particular case will depend on the specific circumstances of the case and the client's budget and preferences.
The length of time it takes for a civil litigation case to get to trial in California can vary widely depending on several factors, including the complexity of the case, the court's calendar, and the parties' willingness to negotiate and settle. In general, civil litigation cases in California can take several months to several years to reach trial, and even then, the trial may be rescheduled or delayed due to various factors. It's important to work with an experienced civil litigation attorney who can help manage the process and provide guidance on the likely timeline of the case.
In California, individuals have the right to represent themselves in civil litigation cases, but it's generally not recommended. Civil litigation can be complex, and even minor procedural errors can have significant consequences. An experienced civil litigation attorney can provide guidance and representation throughout the process, increasing the likelihood of a successful outcome. It's advisable to at least consult with an attorney before deciding to represent oneself in a civil litigation case.
In California, a civil litigation case can be settled at any point in the process, including before filing a lawsuit, during pretrial negotiations, during trial, or even during the appeal process. Settlement negotiations can take place at any time, and it's often in the best interest of both parties to explore settlement options early on in the process to avoid the time, expense, and uncertainty of a trial. An experienced civil litigation attorney can help guide the settlement negotiation process and ensure that any settlement agreement reached is fair and reasonable.
When a lawsuit is settled in California, the parties involved typically agree to resolve the dispute without going to trial. The terms of the settlement are usually set forth in a written agreement, which may include a monetary payment, specific actions to be taken, or other provisions designed to resolve the dispute. Once the settlement agreement is signed by all parties and filed with the court, the case is dismissed, and the parties are generally bound by the terms of the settlement agreement.
Mediation is a form of alternative dispute resolution in which a neutral third party, the mediator, facilitates negotiations between two or more parties in an attempt to reach a mutually acceptable resolution to their dispute. The mediator does not have the power to impose a resolution on the parties but instead works to help them communicate effectively, identify areas of agreement, and find creative solutions that meet everyone's needs. Mediation can be a cost-effective and efficient way to resolve disputes outside of court.