Current Topic:
Potential Problems

Every house has some "quirks", and some defects that go a lot further than that. Placing a less-than-perfect house on the market is fine if you and your Realtor give the buyers information on any "hidden defects".

Most litigation in real estate transactions involves buyers suing sellers for failure to disclose something. Whether it is a leaky roof, dry rot, plumbing or heating problems, or a wet basement or crawl space, most courts do not apply the "let the buyer beware" rule to real estate transactions. Even if the buyers had a structural inspection and the property was sold "as is", you may not get off the hook. Sellers have an obligation to disclose both obvious and hidden defects. Courts have not been sympathetic to sellers who have lived in a house and are in a position to know what works and what doesn't work. This is one area where honesty is the only policy.