Q: buyer/owner 'A' can hold the seller liable for non-disclosure. Can husband, owner 'B' do the same?
OWNER/BUYER 'A' can sue seller for non-disclosure, Can husband, owner 'B' sue the seller as well?
A: Dear Failure to Disclose Claimants: You asked if "owner B" has a right to join a claim against a Seller for a claim of non-disclosure. The first part of the analysis is quite straightforward: was Owner B a co-purchaser ? more particularly did Owner B sign the Purchase Contract ? In most cases, only if Owner B was in privity of contract can Owner B pursue a claim for breach of contract / negligence under standard C.A.R. residential purchase contract. The second part of the analysis is this: in a usual claim of this nature, the Claimant (Owner A) is seeking recovery either monetary damages or restitution, but the pursuit of those DAMAGES does not increase by virtue adding another claimant to the claim (I.e. adding Owner B). SUMMARY: if only Owner A was signatory to the purchase contract and Owner A incurred the losses/damages, then Owner A need not be concerned about trying to add another party as claimant (unless, of course, it is clear that Owner B was also signatory). Lastly, please pay attention to paragraph 22A and 22B before you initiate your claims processing. Best wishes, JAMES GREER
In California, both co-owners of a property have the right to sue the seller for non-disclosure, as both are considered to have suffered harm as a result of the undisclosed information. This is provided that the non-disclosure was material to the transaction and the co-owners suffered damages as a result. The co-owners can also jointly sue the seller.
It's important to note that each case is unique, and the specific facts and circumstances will determine the legal options available. It's recommended to consult with a qualified attorney for guidance on specific legal matters.
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.