builder's failure to disclose fire lane in front of the property

[lalz]

Within 45 days after we signed the purchase agreement to purchase a property ( a new house to be built on an empty lot) from a California builder, we discovered that the home site is facing a street which is a Fire Lane where no cars can park. The builder did not disclose this important fact in the agreement. We then canceled the purchase and demanded the refund of our deposit. But the builder refused to give the deposit back to us arguing that it's our responsibility to inspect the site (an empty lot) before we sign the contract. we argue that the builder breached the contract first by not making the disclosure of Fire Land in the agreement. Do we have a chance to get back our deposit? Is there any disclosure requirement regarding Fire Lane in California Real Estate Law? Where can we find this kind of requirement if any in writing? Thanks.

 

[presutin]

I would consult with a real estate attorney in your area since this is state specific.