This answer is not entirely straightforward because liability depends upon the terms of your purchase agreement. The reason the answer is not straightforward is because it depends on what was brought to light before the transaction close.
Sellers, as well as their agents have a duty to disclose any known defects that may affect the home’s marketability. A seller, or real estate agent who fails to disclose the need for repairs could be held liable for all or part of repairs after closing.
If a home buyer finds a major defect after closing, the home buyer must be able to prove that the seller or the seller’s agent neglected to make known all defects. You can suspect that known defects of the property were hidden from you but proving this will not be an easy task.
Opposed to spending thousands of dollars pursuing legation. There are other options that the buyers should consider instead. One such option is to file a claim on a home warranty plan, or a claim on you homeowners’ insurance. These options are already in place to cover defects that occur with your home.
Of course, you always have the option to file a lawsuit against the seller. There is a statute of limitations for filing this type of suit. The time frame is normally two to ten years. This type of suit can be filed in small claims court, normally without an attorney.
So, the takeaway is that yes, you can hold a seller liable for defects found after closing, but it could be difficult to prove in court. Make sure to do your diligence by having a home inspection and asking as many questions as you can of the sellers before closing.
By R. Jones
