If my new home required an engineering fix during initial construction, will I have to disclose that when I sell my house?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my new home required an engineering fix during initial construction, will I have to disclose that when I sell my house?

My home builder installed a truss incorrectly, changing the load bearing point. In order to resolve, they had to get an engineer to provide a fix that shifted the load bearing point somewhere else. They were required to get a letter from said engineer to pass inspection. My concern is that when I eventually sell the house, I will have to disclose this as a defect and it will drive the price down. This was all

done during initial house construction, so we haven’t purchased the house yet.

Asked on September 28, 2018 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If it's been properly and fully fixed, it's not a defect anymore. You have no obligation to disclose the full history of repairs to your home, or what was necessary to get it to a code-compliant and safe state. Your only obligation is to inform the buyer of *existing* issues or problems, but something that has been fixed is not an issue or problem. So if the fix "took" and there is no longer a problem, you do not need to disclose.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption