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Seller If there are obvious problems but the seller did not disclose them (a leaking roof, cracked foundation, or shoddy electrical work), a court might rule that the seller deliberately did not disclose them. Please try again. Consult friends, family, a legal professional, and your realtor about the situation to help you make the best choice for you. Many states also require a specific disclosure form, which should be provided by your Realtor.. If the seller refuses to pay for the repairs, some out-of-court alternatives do exist. Solve the problem immediately so that you dont wind up with a larger one, but keep track of your expenses so that you have a dollar amount ready when you go into remediation.. Check your home warranties and manufacturers warranties to see if they cover foundation repairs. For instance, a furnace that works fine but was expected to break down years ago is not considered defective. Home Defects Discovered After the Sale - FindLaw As the saying goes, you catch more flies with honey than vinegar. It doesnt matter if the problems arise the day after you move in or a year after you move in; discovering that you bought a house with problems not disclosed can sour the joy of being a new homeowner. We recently had friends that purchased a home with a septic system. The owner and agent may remain liable even if the buyer's inspector does not discover the defect(s) during inspection. Unfortunately, when you purchase a home built before the turn of the century, you may run into outdated and harmful materials used for your plumbing system unless renovations are completed. Some material defects a seller may need to disclose are: Structural defects, like foundation issues; Plumbing problems; Presence of mold; This enables you to turn the entire issue over to a buyer and walk away. Escrow is your deposited funds promising you will buy the home. As is the case in the law, for every argument, we can find a counterargument. Please enter a if you are a new or existing customer. It can be disheartening to discover foundation damage, especially if the home inspector you hired didnt notice it during their walkthrough. They can help identify fixes which may help your sales price. By FindLaw Staff | This material is for illustrative purposes only and is not a contract. The day has finally come to close on your new home. However, your excitement fades when you learn that the seller refused or failed to make repairs that were noted during the inspection or worse yet, you discover the defects after you move in. Toxic conditions such as asbestos, mold and lead paint. These links and any opinions, products, services or any other sites contained therein are not endorsed by ARAG. North Carolina law requires sellers of residential property to provide the buyer with disclosure forms, including the Residential Property and Owners' Association Statement. Even if it seems painfully obvious that the water damage occurred long before you purchased the property, youll need evidence to prove it if you intend to sue for damages. In fact, as the buyer, you might have little to no leverage once the deal is closed. I didnt have a septic inspection. This puts a limit on how long you have to sue someone from the date of the alleged offense. Shortly after moving in, the buyers child became ill and, after a couple of visits to the doctor, it was determined that the property had mold.. While its called a demand letter, you dont want to antagonize the seller, especially so early in the process. When shopping for insurance, Milo says that most insurance agencies or underwriters will have access to whether the home has had an insurance claim in the past.