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PADGETT v. PHARISS

Docket No. D022333.

54 Cal.App.4th 1270 (1997)

GORDON J. PADGETT et al., Plaintiffs and Appellants, v. TIMOTHY A. PHARISS et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

April 14, 1997.

Attorney(s) appearing for the Case

COUNSEL

DeHaan & Mayfield, Gayle J. Mayfield and Tamara D. DeHaan for Plaintiffs and Appellants.

White & Bright, David S. Bright, Jennifer M. McGauley, Leigh A. Rayner, Frank and Ayers, Robert D. Frank and Katherine A. Yesson for Defendants and Respondents.

William M. Pfeiffer, Steven A. Sokol, Howard S. Fallman, June Babiracki Barlow and Neil Kalin as Amici Curiae on behalf of Defendants and Respondents.

OPINION

HUFFMAN, Acting P.J.

Construction defect litigation seems as common as crabgrass in planned unit developments in California. Is it so common that a real estate agent participating in a buy-sell transaction for a residence located within a planned unit development has a duty, without more, based on statute or common law, to inquire of the subject homeowners association whether (1) there are construction defects at the common...

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