Are Agents/Brokers Subject to the Statutory Duties Under Cal. Civ. Code § 1102 et. seq.

Generally, in a nondisclosure/fraud claim arising out of a real estate sale and transaction, wherein the buyer is bringing claims against both the seller and broker, we analyze the Transfer Disclosure Statement (“TDS”) to determine whether a breach of statutory duty claim should also be brought. If it is found that the TDS was not accurate or failed to disclose known material facts, we would consider bringing a breach of statutory duty against both the Seller and Seller’s Broker and California law supports such a claim.

Section 1102.4(a) seems to suggest that a listing agent shall be liable for any omission that was (a) within its personal knowledge, (b) was based on information timely provided by public agencies or by a person providing information as specified in this section and (c) required to be disclosed. See Cal. Civ. Code § 1102.4(a). Furthermore, Section 1102.9 states that an agent can amend the TDS if information becomes known. Moreover, in Loken v. Century 21 – Award Properties, (1995) 36 Cal. App. 4th 263, 274, the Court of Appeal held that a claim against a broker under Cal. Civ. Code § 1102 et seq for breach of statutory duty, is subject to a two year statute of limitations. Thus, such a claim against a broker is authorized under California law.

If you are a buyer of real estate and believe certain material facts were not disclosed during escrow, contact one of our Los Angeles Real Estate Attorneys today for a free consultation and case evaluation.

Leave a Reply

Your email address will not be published. Required fields are marked *