OUJI-CIV No. 30.3

RESIDENTIAL REAL PROPERTY – ELEMENTS

Plaintiff [name] claims that Defendant [name] has failed to disclose a

defect or defects in the residence th at was actually known to Defendant

[name] before the acceptance of the offer of Plaintiff [name] to purchase the

residence. In order to recover on the claim for failure to disclose a defect or

defects in the residence, Plaintiff [name] has the burden of proving the

following elements by the greater weight of the evidence:

1. A material defect or def ects existed in the residence;

2. Defendant [name] failed to disclose the defect or defects in the

Chapter 30

residence to Plaintiff [name] in a written disclosure statement [or an

amended disclosure statement];

3. Defendant [name] had actual knowledge of the defect or defects

before the acceptance of the offer to purchase the residence; and

4. Plaintiff [name] suffered damages.

(Nov. 2014 Supp.)