Is the client allowed to sue the seller if the seller fails to disclose defects?

By Gerald Gilbert 3 years ago

If your lawyer can prove that the seller was aware of the problem and purposefully neglected to disclose it to you as the client, you can proceed with suing for failure to disclose. Unfortunately, in today’s world, many sellers are aware of the flaws in the product. They will often install new carpet to repaint the house. They will try to sell the home to a buyer who may not know the existing flaws. Thus, they may get away with selling defective products, leaving the client with the repair charges. It is not only unethical but also lawful to conceal hidden problems.

What information does the seller have to provide the client?

According to law, sellers are required to reveal every hidden flaw. A latent flaw is a flaw that neither the inspector nor the buyer would find on inspection or one that could be discovered weeks after purchasing the home.

If there is a latent flaw, the buyer must prove that the seller was aware of the problem. If you discover a flaw after purchasing a home, it does not necessarily indicate that the seller was aware of it. A latent flaw is not visible but is known to the seller. As a customer, you must remember that not every flaw is labeled as a latent flaw. For example, some common flaws sellers try to hide are water injuries. If floodwater enters the basement, it can damage the paneling, foundation, etc. Most inspectors can identify the problem.

Mold infestation

Water and mold go hand in hand. Mold can cause structural issues and sickness to people living in the house. They may not seem to be a huge deal initially. This is something sellers may type to cover up with a fresh coat of paint.

Structural defects

There is a chance that the seller may not know about all the structural flaws. However, in certain conditions, sellers fail to reveal structure issues. A roof or ceiling that isn’t adequately supported, a faulty design, caving in, etc., fall under this category.

Sellers must disclose latent flaws. You will have to prove that the seller was aware of the law and purposefully neglected it to be successful in your sue against the seller. If you find out later that there was a cover-up like paint cover-ups, effervescence, etc., take snapshots of the evidence and contact your lawyer.