am i responsible for unknown damages when i sell my house

I sold my house and the buyer found water damage on the wall behind the
fridge, am i responsible for it?

Asked on May 24, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you did not know and reasonably would not have been expected to have known of it (i.e. you can't use "willful blindness" to knowable problems as grounds to escape liability), you would not be liable. The issue is, would the reasonable (or average, or typical) homeowner in your position have been aware of the problem? If so, then you could be held liable for having failed to disclose it; but if not--if the average reasonable homeowner would not have known--then you would not be liable, since both legally and logically, you are not expected or required to disclose conditions of which you are unaware.

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