AND IT JUST GOT WORSE
The single item that usually leads to a filing of a lawsuit is a Failure To Disclose a material defect about the property. This violates the Seller Disclosure Law and the Unfair Consumer Trade Practices Act. The latter includes the potential of triple (treble) damages and ATTORNEY FEES. The attorney fee provision makes these claims much more desirable for attorneys to bring as an action. And recently, in Gregg v. Ameriprise, the “catchall” provision was interpreted to mean that if you cause confusion or what you did was likely to cause confusion, you are liable. You don’t need to have meant to create the harm, it could have been an accident, something that you forgot to disclose, now the courts will find you responsible to the buyer.