Santiago v. Tanaka

Amended Opinion of the Court by

POLLACK, J.

I. Introduction

This case involves the adequacy of disclosures that were made to the buyer during the sale of a commercial property and the seller’s subsequent nonjudieial foreclosure and sale of the property when the mortgage payments were briefly interrupted because of an underlying dispute regarding mediation concerning the property. Two issues are presented: (1) whether the seller’s failure to disclose certain facts regarding the property’s sewer system is actionable under the common-law causes of action of nondisclosure and misrepresentation and…