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In real estate, there is a disclosure case called Garcia v Fong - disclosure Mr . Garcia bought a home next to a golf course
In real estate, there is a disclosure case called Garcia v Fong disclosure
Mr Garcia bought a home next to a golf course from Mr Fong. While visiting the property during an inspection, Mr Garcia noticed a golf ball in the backyard and asked the agents whether there was a problem with golf balls being hit into the yard. The agent replied he didnt know. After closing, Mr Garcia sued Mr Fong and the agent for injuries following several golf balls hitting the house and coming into the yard. Mr Garcia stated that the seller and his agent had a responsibility to disclose that golf balls came into the yard on a regular basis and there was the potential that someone could be injured or the house damaged. The seller stated he didnt believe the golf balls were a problem and while in the summer there were more of them coming into the yard, he didnt remember ever having damage or injury from them. What were the obligations of the seller and agent? What, if any, obligations did the buyer have? What are the principles or theories in the case? What do you think happened in court? What should have been done differently to achieve the desired result for the parties? What do you think the court decided and why? If applicable, did the agent or defendant do something wrong? If so what was the mistake done by the agent or party creating the perceived problem? Please include the general legal principle or reasoning that would support your comments I dont want you to cite case law or actual statute by number but I want to see your reasoning for your statements. What principle did you learn about that would apply?
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