Buying a home is one of the biggest financial decisions that most people make. You expect the seller to be honest about the property’s condition and any known problems.
Imagine moving into your new home only to discover extensive water damage hidden by a freshly painted wall or foundation issues that were never mentioned. You suddenly feel like your dream home has turned into a nightmare. When this happens, you want to know your options. Is suing the seller one of them?
What are sellers required to disclose?
In most real estate transactions, sellers must provide a Seller’s Disclosure Notice. This document is intended to inform buyers about the property’s condition and any known issues that could affect its value or safety.
The disclosure covers a variety of topics, including structural problems, roof defects, plumbing issues, previous flooding and other material conditions affecting the property.
The keyword is “known.” Sellers must disclose any issues they know about. They can’t report problems that they don’t actually know exist.
One of the biggest challenges in these cases is proving that the seller was aware of the problem before the sale.
Evidence might include repair invoices, insurance claims, contractor reports, photographs or statements from neighbors or previous occupants. A history of repairs makes it difficult for the seller to deny that they weren’t aware of a significant defect.
Every case is different, but the buyer may be able to recover damages related to the undisclosed problem. This may include the cost of repairs, diminished property value, out-of-pocket expenses and other financial losses the buyer experienced.
If you discover a defect after purchasing a property, it’s important to act quickly. Save any documentation related to the issue, such as:
- Inspection reports
- Photographs
- Repair estimates
- Invoices
If you suspect the seller failed to disclose a material defect they knew about, you need to speak with a legal representative who can evaluate the situation and explain your legal options.
