“Defendant, as the real estate broker/salesperson for Seller, must conduct a reasonably competent and diligent visual
inspection of the property offered for sale. Before the sale, Defendant must then disclose to Plaintiff, the buyer, all facts
that materially affect the value or desirability of the property that the investigation revealed or should have revealed. Plaintiff claims that he was harmed by Defendant’s breach of this duty. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant was Seller’s real estate broker/salesperson; 2. That Defendant acted on Seller’s behalf for purposes of [e.g., “selling a residential property”]; 3. That Defendant failed to conduct a reasonably competent and diligent visual inspection of the property; 4. That before the sale, Defendant failed to disclose to Plaintiff all facts that materially affected the value or desirability of the property that such an inspection would have revealed; 5. That Plaintiff was harmed; and 6. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
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