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Updated about 5 years ago,

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When a buyer agent should complete the agent visual inspection?

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Recently, my wife and I backed out a contract in bay area because we found a severe foundation issue of the property. Unfortunately, we followed the suggestions of our agent to remove all contingency even the house has been on the market for two months. We lost part of our deposit because we cannot prove sellers know the foundation issue.

We found we were fooled by our agent. Our agent did her agent visual inspection when we did the foundation inspection, which was two weeks after we signed the contract. But our agent claimed she has finished the agent visual inspection and noted nothing to disclose in the agent visual inspection section in TDS just after we signed the contract. We have her email to prove she is lying in her signed TDS.

We have several questions and hope some experts could help us.

1. When should our buyer agent finish her agent visual inspection? Our attorney told us every agent must do agent visual inspection as this is required by Civil Code 2079. But we found Civil Code 2079 does not specify when the agent should finish her visual inspection. Does our agent violate Civil Code 2079 if she finished her agent visual inspection two weeks after we signed the contract when we found there may be something wrong with the foundation?

2. Should she disclose these facts (e.g., uneven floors and warped doors) in her agent visual inspection disclosure even the seller agent does not disclose?

3. Does she violate any real estate law if she signed the TDS to claim she has finished the agent visual inspection but she actually did not do it when she signed the TDS?

My agent and her broker believe they did not do anything wrong. We are trying to sue them and file a complaint to DRE as well.