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Discovering undisclosed property defects after buying a home

On Behalf of | Jun 14, 2023 | Blog, Real Estate Disputes |

Buying a home is a significant investment, often involving careful research and detailed inspections. The last thing a new homeowner in Texas wants to discover is a number of undisclosed property defects that can lead to expensive repairs and considerable inconvenience.

In Texas, the law requires sellers to disclose certain property defects to potential buyers. Here are some steps to take after discovering undisclosed property defects in a newly purchased home.

Understand the disclosure requirements

The first step is to understand what Texas law requires sellers to disclose. Typically, this includes defects such as foundation issues, roof leaks, plumbing problems and termite damage. If the seller knew about these defects and did not disclose them, they might be liable for the repair costs.

Document the defects

Next, document the defects in detail. This could involve taking photographs, keeping records of conversations about the defects or gathering repair estimates. This documentation can be necessary if the dispute escalates.

Reach out to the seller

After documenting the defects, reach out to the seller. In many cases, the seller may not have been aware of the defects and may be willing to help resolve the issue.

Review the home inspection report

Go back and review the home inspection report. If the inspector failed to identify defects that they should have caught, they might share some liability for the oversight.

Consider mediation or arbitration

If the seller is unresponsive or uncooperative, consider mediation or arbitration. These are less formal, less expensive ways to resolve disputes compared to a full-blown lawsuit.

With careful action and persistence, homeowners can seek remedies for undisclosed property defects .


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