What to do when you buy a home with undisclosed defects

On Behalf of | Jul 12, 2023 | Real Estate |

Investing in a home is a significant move. You researched, hired a reliable real estate agent and carefully reviewed the disclosure statement to get an ideal home. Unfortunately, a seller or realtor may not act in your best interest by failing to disclose the defects of a home. Discovering such defects after making the purchase can be devastating.  

Here is what to do when this happens:

Know the liable party

The seller may be the first party that comes to mind when you discover your new home has an undisclosed defect. They know the property – they should have included the flaw in the disclosure statement. While the seller may be responsible, particularly in circumstances with obvious defects like a leaking roof or when covering issues, such as painting over cracks to hide them, other parties may also be, including your real estate agent. 

Your realtor should inform you of the issues they discuss with the seller and what they notice in the home. However, they may fail to do so because they want to close the deal and get the commission.

The home inspector may also be a liable party. Despite owning the property, the seller may not be aware of every issue, especially unapparent ones. If a home inspector misses a problem, and you discover it after buying the home, they may be responsible for negligence.

Consider your options

A responsible party not providing you with crucial information that would have determined your decision may be a breach of contract, and you have legal rights. You can check if the seller can cover the problem under warranty or take legal action against the liable party.

If you bought a house with undisclosed defects, it will be best to get legal help to protect your investment.     

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