Local Area Material Facts Disclosure

The information presented on this website is believed to be accurate, but may not be a complete representation of the law and is not to be considered as specific advice on your real estate transaction from a professional. Every real estate transaction is different, consult an appropriate professional for advice on your particular transaction.

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Disclosure Description:

Some local associations of realtors have compiled guides which detail local area nuisances, laws, attractions, and other conditions that may affect the value or desirability of the property. Examples of local area disclosures are things such as, nearby planned freeway expansion, noise from neighboring clubs/bars/restaurants, a government commission/district/zone that has restrictive authority over the use of the property, and excessive traffic during events at nearby theatres/arenas/etc. In the absence of such a compiled guide (or in addition to), the seller may disclose in writing any other items they deem noteworthy. The seller must disclose any "material" facts affecting the value or desirability of the property.

When unsure of whether a fact is "material", some sellers will air on the side of caution and disclose the fact to the buyer so as to minimize their legal exposure. Disclosure in writing is always recommended.

Local Area Disclosures Booklet published by San Diego Association of Realtors
Cal. Civ. Code ยงยง 1102 et seq
Case law

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