Litigation over failure to disclose known conditions with property

Lawyers' Forum

By Erica Minchella

Erica Crohn Minchella, is the head of the boutique real estate firm of Minchella & Associates, Ltd., handling residential and commercial real estate transactions and litigation such as foreclosure defense, quiet title, and partition actions. She can be reached at erica@ecminchellalaw.com.

Posted November 12, 2019 3:15 PM

Failure-to-disclose litigation, fraudulent misrepresentation and fraudulent concealment in real estate transactions have become more prevalent. It is unclear whether buyers have become more aware of the obligations sellers have to be truthful in representations during the transaction or whether there are more sellers who believe they can sell property with impunity, without fully disclosing the known condition of a property.There are, of course, different kinds of sellers: Those who have resided in the property, those who …

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