You are purchasing a new home, and everything looks to be in order. The seller assures you that the house is in great condition and it is fairly new. You decide not to have a home inspection done, and you close on the house.
A few months down the line, you discover that there is a serious defect. Maybe the roof leaks or maybe there are issues with the plumbing, causing water damage within the home. Maybe there are fire hazards or evidence of a past fire that was covered up.
Your question is simple: Why did you not know any of this before you bought the house? Did the seller not have to tell you about these issues?
Sellers have to disclose known defects
If the seller knows that the defect exists, they do have a legal obligation to tell the buyer about that defect. The law states that they have to disclose “any material defect existing in the property being transferred.”
But the problem here is that it is difficult to determine if the seller knew about the condition or even if that condition existed in the past. For example, if the roof is leaking, the seller may counter that there was simply a major windstorm since you bought the property. Perhaps that storm damaged the roof, causing the leak. They claim nothing was wrong with the roof when they lived in the property.
This type of disagreement shows why it is so important to have a home inspection done before you buy the property. But even a home inspector could miss defects that sellers have tried to hide or failed to disclose. If you find yourself in this position, be sure you understand your legal options.
