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The old adatage of "buyer beware" does not apply to residential real estate in California. Under common law--that being law that has been formed by case law and not codified in a statute--a seller has always had the duty to disclose to a buyer all material facts that might affect a buyer's descision to buy a home and at what price. In 1987, the California legislature codified this legal principle in Civil Code Section 1102.6. In that code section, you will find a form that is now required in most residential sales. The form includes a check list of areas that must be affirmatively disclos...

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