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Real estate dispute may involve construction defects

Real estate is a complex area for both a home seller and buyer, but it can be particularly challenging for the buyer. One area in which a real estate dispute may surface in Los Angeles or other parts of California involves construction defects. Typically, these cases are based on contracts between developers and homeowners.

According to the law, the developer is obligated to exercise a reasonable degree of knowledge, care and skill when engaged in building practices. This is defined as the skill and knowledge that building professionals normally employ. The law extends the developer's duty of care to any party who might foreseeably suffer an injury as a result of construction defects, which includes purchasers of the property.

Homeowners may also decide to sue a developer for a breach of any obligations established in the purchase and sale documentation or in the escrow instructions. A breach of warranty on the part of a developer concerning the condition of the property may also be grounds for litigation. In addition, a developer may be sued for allegedly misrepresenting the quality of his or her construction intentionally, through false ads or other representations.

One of a Los Angeles homebuyer's worst fears may be hidden construction defects stemming from a developer's negligence. Fortunately, the homebuyer has rights when this type of real estate dispute occurs. It's possible to fight for one's best interests with the right legal help in an effort to hold an irresponsible developer fully accountable for construction defects in California.

Source: findlaw.com, "Legal Liability for Construction Defects", Accessed on Jan. 4, 2017

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