We represent California home buyers when a seller hides the truth about a home.

You bought a home, or tried to, and something was wrong that no one told you. Maybe the seller hid a defect. Maybe you found the problem after you closed. Maybe the deal fell apart and you want your deposit back. That is what we handle, and we handle it for buyers.

Most buyers come to us blaming the seller. Usually they are right. The seller knew about a problem and did not tell you. In plain terms, that can be fraud or nondisclosure, and California law gives you a claim for it.

Two things do not take that claim away. An “as-is” sale does not let a seller hide a known defect. And waiving your contingencies, even all of them, does not change what the seller and the agents were required to do. You can waive every contingency and still have a claim.

But the seller is rarely the only one who failed you. That is where we come in.

It is not your fault. You were let down by the people who were supposed to protect you.

Buying a home is one of the biggest financial decisions of your life, and most buyers trust their agent to guide them through it. That trust is reasonable. Your agent holds a license and carries themselves as the expert in the room.

Here is what most buyers do not know. Your own agent, the buyer’s agent, owes you the highest duty the law recognizes, a fiduciary duty. Your agent is supposed to review the documents with you, explain them, and counsel you. That has been the law for decades. It is not a courtesy. It is their job.

The seller’s agent is different. The seller’s agent does not have to explain things to you. But under California law, Civil Code section 2079.16, the seller’s agent still must disclose what they know about the property that affects its value or desirability.

The California Department of Real Estate made the same point about the duty to review and explain in its Winter 2023 newsletter, “Preventing Problems: Take the Time to Review and Explain”. It notes that buyers are signing documents they have not read, sometimes on a phone, while their agents are not reviewing or explaining them. When your agent fails to do that, or the seller’s agent hides what they know, they and their brokers can be held responsible along with the seller.

That matters to you in a practical way. It usually means more than one party to recover from, which makes your case stronger and easier to settle. You do not have to figure out who is to blame. You tell us what happened, and we find everyone responsible. In almost every case that is the seller together with the agents and their brokers, sometimes one agent, sometimes both.

Why I do this work.

My name is Damian Castaneda. I did not end up in real estate law by accident.

My dad was a contractor. He built homes with his own hands and was the hardest worker I ever knew. In 1987 he built a house that was meant to be his retirement. Then the market turned, he could not sell it, and the mortgage climbed to $7,000 a month. When a buyer finally came, the agent handling the sale looked after her commission, not our family. Because of her negligence, my dad lost the house to foreclosure during my last year of law school. I could not help him, and it broke something in both of us.

So I know how it feels when someone you trusted with everything lets you down. I built this firm to stand up to people who take advantage of others, whether they do it on purpose or through carelessness. The result is the same, and someone should be held accountable for it.

You can request money, or force the seller to buy back your house.

Buyers usually want one of two things, and California law provides both.

We can pursue money, to cover the gap between what you paid and what the home is really worth once the truth is known. Or we can pursue rescission, which means asking a court to undo the sale, so you return the home and get your money back. If your dispute is before closing and the deal has fallen through, we fight to get your deposit back.

Which path fits depends on your facts. We will tell you what is realistic at our first meeting, including the best case and the worst case.

Who we are.

We are a boutique firm, and buyer-side real estate disputes are the great majority of what we do. We win by out-preparing and out-writing the other side, not by volume. Good writing wins cases, and we treat every brief and letter that way.

I have practiced California real estate law since 2000, and I was selected to Super Lawyers in 2026. My senior attorney, Matthew McElroy, has been selected to Super Lawyers Rising Stars three years running, in 2024, 2025, and 2026. He is also a licensed California real estate broker. We are licensed in California and take California matters only.

Who we help, and who we do not.

We help California home buyers. That includes buyers who closed escrow and then found out the seller hid something, and buyers who want their deposit back when a purchase falls through before closing.

We do not represent sellers, agents, or brokers. We take California matters only. And we do not take over a matter another lawyer has already handled for you.

This page is general information, not legal advice.

Reading this page does not make us your lawyers. An attorney-client relationship starts only when we agree in writing to represent you. Every case turns on its own facts, and past results do not promise a similar outcome.

Talk to us. The first consultation is free.

Tell us what happened. We will tell you whether you have a case and what we would do about it.

Call (408) 380-4593 to set up a free strategy consultation.