• Land Use Attorney Capitola

Posts Tagged ‘defrauded buyer’

CASE UPDATE: Defrauded Home Buyer Entitled To Full Rescission Notwithstanding Complications Involved In Unwinding The Sale Several Years Later.

In Wong v. Stoler, (2015) 237 Cal.App.4th 1375, the court of appeal reversed the trial court judgment denying rescission remedies to defrauded home buyers.  The buyers purchased a hillside home for $2.35 million. The sellers failed to disclose and actively concealed the facts that: the home was on a private sewer system that went down a steep ravine through public open space; that the property was subject to an informal homeowners’ association to maintain the sewer system; and that the local government agency had issued a notice of abatement to fix leaks in the sewer system.  Plaintiffs’ experts testified that the sewer system was susceptible to damage, and that system failure was inevitable and would cost $500k-$600k to replace two of the lines.

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Miles J. Dolinger
Attorney at Law
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