Partial Disclosures May Amount To Fraud

Whenever disclosures are required, such as in the case of a real estate transaction, parties charged with a duty to disclose known material facts, cannot satisfy their burden by making partial disclosures or disclosing some of the information without divulging all that is known by them.  See Randi W. v. Muroc Joint Unified School Dist., (1997) 14 Cal. 4th 1066, 1082; see also Rogers v. Warden, (1942) 20 Cal. 2d 286, 289 (“If he speaks at all, he must make a full and fair disclosure.”)  Thus, California law is seemingly clear that if a disclosure is going to be made, it must be a full and fair disclosure.  Real Estate Agents and Brokers are well advised to note this key point of California law pertaining to disclosures.

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