What is the law about a condition that a seller failed to disclose?

Asked on August 5, 2015 under Real Estate Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

State law regulates the disclosure of a defective condition. As a general rule, these laws mandate that potential buyers be told all material facts about the condition of the real estate. Additionally, a buyer and seller have a contractual relationship, consequently, it's the terms of the contract that also determines the rights/responsibilities of the parties. Accordingly, the terms of the purchase and sale agreement should be carefully reviewed.

However, you will first need to prove that the seller had knowledge of the undisclosed problem. This will be a matter for a judge to decide based on all the facts and circumstances presented.

Note: It is important whether or not you had a home inspection performed and whether that inspection turned up any problems.

At this point, you should consult with a local real estate attorney in your area. They can best advise as to your rights and remedies.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

State law regulates the disclosure of a defective condition. As a general rule, these laws mandate that potential buyers be told all material facts about the condition of the real estate. Additionally, a buyer and seller have a contractual relationship, consequently, it's the terms of the contract that also determines the rights/responsibilities of the parties. Accordingly, the terms of the purchase and sale agreement should be carefully reviewed.

However, you will first need to prove that the seller had knowledge of the undisclosed problem. This will be a matter for a judge to decide based on all the facts and circumstances presented.

Note: It is important whether or not you had a home inspection performed and whether that inspection turned up any problems.

At this point, you should consult with a local real estate attorney in your area. They can best advise as to your rights and remedies.


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