Can You Sue A Property Seller For Failing To Disclose Known Defects? Find Out

16 November 2022
 Categories: Law, Blog


Most property sellers do genuine business by ensuring buyers get value for their money. Unfortunately, some take advantage of unsuspecting clients to make illegitimate profits from the sale. For instance, they fail to disclose some damages, which makes the house appear more valuable than it should be. In this case, it is only after purchasing the property that clients incur huge losses on repairs and replacement. It is important to note that failure to disclose defects is unlawful. Therefore, you can sue a property seller for failing to inform you of some of the damages, as you will learn below.

The Duty to Disclose Damages

Property sellers must disclose all known issues that may affect the house's value before the buyer signs the sale agreement. This includes physical defects or general conditions that make the property's location unsuitable. For instance, they should warn buyers of a tendency for the property to flood during the rainy season. More importantly, the seller should list all these defects in a statement and ensure that they include all the commonly experienced conditions in the area.

This will enable you to determine whether the property is worth the price indicated by the seller. However, if the seller withholds some information, you might incur unnecessary expenses to make the house habitable. In such a case, you may have a right to take legal action against the seller. Hence, consider consulting a real estate attorney to help you hold the seller accountable.

Suing the Seller for Failure to Disclose

Different states use varied property laws. Therefore, it is advisable to seek legal guidance when you notice a defect or condition the seller excluded from their report. This will let you know how to bring a claim against them and get your rightful compensation. Your legal advisor will also assist you in getting evidence to prove that the seller deliberately failed to disclose the defects to make more money. In the end, you should get a payment for the money you've paid the contractor to correct current defects. In addition, you may get compensation for the decreased property value.

Alternatively, you can request the court to order the property owner to correct the condition you've noticed on the property or declare the sale agreement null and void. When this happens, the seller will return your money, and you will no longer own the property.

Contact a real estate lawyer immediately if you notice property damages or conditions after signing a sale agreement. They will build a strong case against the seller to ensure that they face justice and compensate you for your losses.

For more information, contact a law firm such as The McCormick Law Firm, LLC.