California law requires sellers of residential real property to provide a Transfer Disclosure Statement (TDS) disclosing known material defects affecting the property. Sellers must disclose issues that would significantly affect the property's value or the buyer's decision to purchase — including structural problems, water damage, prior repairs, pest issues, and known legal disputes affecting the property.

Common claims include failure to disclose prior flooding or water intrusion, roof defects, foundation problems, mold, unpermitted construction, neighborhood noise issues, deaths on the property, and known disputes with neighbors or homeowner associations.

Yes. Buyers who discover material defects that the seller knew about but failed to disclose may bring claims for fraudulent concealment, negligent misrepresentation, or violation of California's disclosure statutes. The buyer must generally demonstrate that the seller knew about the defect and that the buyer would not have purchased — or would have paid less — had they known.

Most nondisclosure claims in California must be filed within three years of when the buyer discovered — or reasonably should have discovered — the defect. However, specific limitations periods vary depending on the legal theory, and buyers should consult an attorney promptly after discovering a potential issue.

Agents and brokers can be held liable for failing to disclose known material defects or for failing to conduct a reasonably diligent inspection of the property and disclose what a careful inspection would have revealed. Claims against agents often run alongside claims against the seller.

"As-is" clauses do not relieve a seller of the obligation to disclose known material defects. A seller who knowingly conceals a defect remains liable even if the purchase agreement includes an as-is provision. The clause shifts some inspection responsibilities to the buyer but does not authorize fraud.

Depending on the severity of the defect and the legal theory, buyers may recover the cost to repair the defect, the diminution in property value caused by the undisclosed condition, consequential damages, and in cases of intentional fraud, potentially punitive damages.

A professional inspection is strongly advised. California law requires sellers to disclose known defects, but inspectors can identify issues that even the seller may not be aware of. Inspections also preserve a buyer's ability to negotiate repairs or credits, and help document conditions if a dispute arises later.