What to do about undisclosed problems in your new home
With the real estate market in full swing, our office has received a host of calls from clients who recently purchased their dream home only to move in and discover undisclosed problems that never came up in the buying process. When determining whether any civil remedy might be available to a disappointed home buyer, several factors should be considered:
- What problems did the sellers disclose? In North Carolina, there is a standard disclosure form exchanged in most home sales. If the sellers failed to disclose a specific problem listed on this form, buyers may have grounds to bring a civil claim for misrepresentation.
- Did the sellers make any untrue statements?  Even if the issues discovered were not required to be listed on the standard disclosure form, did the sellers misrepresent the home’s condition in advertisements or communications between the parties or realtors? False statements of any kind can support a civil claim if these statements were critical to the buyers’ decision to purchase the home.
- What did the home inspector conclude?  Most purchases can’t be completed without a home inspection. The inspector’s report contains critical information about the home.  If the inspector identified problems with the home, but the buyers decided to close anyway, this usually absolves the sellers of liability. However, if the inspector missed critical issues because the sellers took efforts to conceal problems with the home, claims for misrepresentation or fraud may be available.
Every home closing is unique, with numerous factors to consider before determining what civil claims might be available. Dozier Miller attorney Adam Hocutt has represented buyers, sellers, and realtors in home-buying disputes and always welcomes the opportunity assist new clients.
CATEGORIES
Contact an Attorney
Our attorney offer specialized guidance and representation in a variety of practice areas.
REMEMBER: Always speak with your own attorney
This information is provided for informational purposes only; it is not offered as and does not constitute legal advice.
More Insights and Resources
Learn more about what to expect when facing a family law dispute in Charlotte, North Carolina from Family Law attorneys at Dozier Miller Law Group
What Does an Executor Do? Executor of Estate Duties in North Carolina
Named executor of an estate in NC? Learn what the role involves, how to qualify with the...
Real Estate Partnership Disputes in North Carolina: What Investors Should Know
In a dispute with a real estate co-investor in NC? Learn how your ownership structure affects your...
Seller Didn’t Disclose a Problem With Your North Carolina Home? What You Can Do
Seller didn't disclose a problem with your North Carolina home? Learn how failure to disclose claims work...
How to Find a North Carolina Contract Dispute Lawyer
Choosing a contract dispute lawyer in NC? Learn which claims add remedies, when fees are recoverable, and...
How to Choose the Right Business Structure in North Carolina
Forming a business in North Carolina? Here's how sole proprietorships, LLCs, and corporations compare, plus where the...
Someone Wrote You a Bad Check in NC: Your Legal Options
Received a bad check in North Carolina? Learn your civil and criminal options for recovering what you’re...
How Child Support Is Calculated in North Carolina
Learn how child support is calculated in NC, including which worksheet applies to your custody arrangement. A...
DUI vs. DWI in North Carolina: What’s the Difference?
Wondering about the difference between DUI and DWI in NC? Learn how sentencing works and how DWI...
What is a Guardian ad Litem in a Charlotte Custody Dispute?
What is a Guardian ad Litem in a Charlotte custody case? Learn how a Best Interest Attorney...
Why Every Adult Needs a Living Will (And How to Make One)
Protect your family from difficult medical decisions. Learn how to properly make a living will and assign...