Lakewood, CA asked in Civil Rights, Communications Law, Constitutional Law and Consumer Law for California

Q: Does a home buyer have to disclose to the seller that they will be turning their house into a community care facility

Before purchasing a home does a buyer have to disclose to the seller that they don't have any intention on living in the home as they plan on using the home as a community care facility? If so what kind of legal action can be taken against the buyer for not doing so?

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Fraud would be the failure to disclose material facts regarding the sale of the property. Once you transfer the title the new Owner can make whatever legal use of the property they choose, you do not have any say in what they do. Therefore, the failure of the BUYER to disclose his future intentions regarding the property is not a material fact to the SELLER. The Seller cannot discriminate against the Buyer because they intend to turn it into a community care facility. The neighbors may have claims. You should consult further with a Real Estate attorney in your local area over the specifics.

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.