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Kelsey & Hickey | Attorneys At Law

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Whether you’re preparing legal documents or resolving a serious dispute, our attorneys offer the reliable and practical counsel you need to get results.

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Seller’s responsibilities to disclose defects to buyers

On Behalf of | Oct 28, 2020 | Real Estate Law

Buying a new home can be an exciting time for people in Texas. It could be a first home, a bigger home as people’s families grow, a home in a new town when people may move for a job or other reasons. When people research the home they may want to purchase, they look for many different aspects in the home that will fit into their budgets. However, there are certain aspects of a home that people will not have knowledge of no matter how much research they may do prior to the purchase.

There are certain defects in the home that are hidden behind walls or other hard to inspect places or were past problems that were fixed at one point in time, but had a lasting impact In these situations, the seller has a duty to disclose the defects in the home to the prospective buyers. If they fail to disclose certain defects, the buyers could potentially cancel the contract or seek compensation for the costs of the repairs.

Common defects that should be disclosed

  • Electrical or HVAC problems
  • Rusted pipes and other plumbing issues
  • Previous water damage
  • Cracks in the foundation
  • Issues with the roof
  • Rotten wood
  • Bad sewer lines or septic issues

There are also other defects that the buyer may know about that would diminish the value of the property, which they would also be responsible to disclose to potential buyers.

There are many homes purchased in Texas each year. It can be a terrible feeling to find a major defect in the home that will costs thousands of dollars in repairs. Sometimes these defects were known to the previous owner though and should have been disclosed prior to the purchase. If they were not disclosed the buyer may have a claim against the previous owner. These can be complicated matters though and consulting with experienced attorneys could be beneficial.