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
Answered
  • 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.

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