Dealing With Undisclosed Maintenance Issues After Buying a Home

 Posted on December 11, 2024 in Real Estate

You just bought a house. Everything in the inspection report looks great. The seller did not disclose any problems with the home. A month after you move in, your sewer pipe backs up. You have a plumber come to clear out the pipe, and he discovers that your sewer pipe is full of sediment and needs to be replaced before it cracks. You are looking at about a $20,000 repair. When you ask the plumber why the issues did not cause a sewer backup until just now, he tells you that the pipe has probably clogged and been cleared several times, but no one went ahead with the more permanent repair. This means the person who sold you this home almost certainly knew about the problem and deliberately failed to disclose it. What can you do? A San Antonio, TX home buying attorney can help you understand your legal options and take action.

Proving the Seller Knew About the Home Defects

If a defect does not arise or become known until after the sale, it is normally not the seller’s responsibility. This is one of the reasons why a thorough inspection is so important. A seller can only disclose what he or she knows. This means that you will likely need to prove that the seller was aware of the defect and knowingly failed to disclose the information. Evidence can include: 

• Reports from a plumber, electrician, or other home repair person that he or she had serviced the house before and had discussed the extent of the damage with the previous owner. 
• Testimony from neighbors who were aware of the problems with the house. 
• Repair reports showing that the house was listed shortly after the need for repair became apparent. For example, if a plumber was there shortly before the house was placed on the market, it may suggest that the seller decided to sell because he or she knew about the damage. 

Recovering Compensation for Repairs 

One option may be to sue the seller for the cost of repairing undisclosed defects. An experienced attorney may be able to negotiate an out-of-court settlement with the seller. Or, you may need to litigate to have the seller held legally accountable for the repair costs. One potential problem with this solution is that the seller may not have the money needed to make repairs if they are very costly, especially if he or she chose to list the house to avoid making the repairs.

Rescinding the Sale May be an Option 

If you bought the house very recently, another option might be to rescind the sale. The less time has passed since closing, the more likely this is to be an option. Rescission makes it as if the sale never happened. You are relieved of your obligation to buy the house and may receive money back.

Contact a San Antonio, TX Residential Real Estate Lawyer 

Geoff Mayfield, Attorney at Law is committed to protecting home buyers. Experienced Comal County, TX home buying attorney Geoff Mayfield will do all he can to help you recover compensation for undisclosed defects. Contact us at 210-535-0870 for a complimentary consultation.