What if there are problems found with the house after the closing?

UPDATED: Jul 18, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 18, 2023

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UPDATED: Jul 18, 2023Fact Checked

This really depends upon the type of problem you find. If you find that the seller has walked off with some fixtures, which should have been included with the house, you might be able to sue to get them back, but this is a problem that might be better found in a walk through inspection just before the closing. Any major problem that the seller should have disclosed before the sale would probably justify a lawsuit, while a problem like termites, which should have been discovered in inspection, will likely leave you no recourse but to solve it yourself. A problem such as noisy neighbors is your problem; it is best to spend time in the neighborhood before making an offer or signing the contract. Don’t wait until the closing to see if there will be a problem. In this regard, it is important to review the seller’s “Disclosure Statements” carefully. If the property is being sold “as-is”, the buyer should pay for its own inspection to uncover any problems readily apparent.

Case Studies: Post-Closing Issues in Real Estate Transactions

Case Study 1: Fixture Dispute

John, the buyer, recently closed on a charming Victorian house. Excitedly, he moved in and started making the house his own. However, during the process, he noticed that some antique light fixtures that were supposed to be part of the sale were missing. John contacted the seller, Lisa, about the issue, but she denied any knowledge of the missing fixtures.

Frustrated and feeling deceived, John consulted with a real estate attorney to understand his rights as a buyer. The attorney advised him to review the contract and disclosure statements thoroughly. If the contract explicitly included the fixtures and there was no mention of their removal before closing, John might have a case against Lisa for breach of contract.

Case Study 2: Undisclosed Property Defect

Emma and Mark, a newlywed couple, bought their dream home in a picturesque suburb. However, shortly after moving in, they discovered a severe foundation issue that had not been disclosed during the buying process. It became apparent that the previous owner, Mr. Johnson, had concealed the problem by concealing cracks and using temporary fixes.

Realizing the extensive repairs required, Emma and Mark contacted a real estate attorney to explore their legal options. The attorney advised them to gather evidence of the undisclosed defect, such as photographs and expert evaluations. If they could prove that Mr. Johnson was aware of the foundation problem and intentionally hid it, they might be able to file a lawsuit for fraudulent concealment.

Case Study 3: Termite Infestation

Sarah purchased a cozy bungalow with a beautifully landscaped garden. However, after a few weeks, she noticed signs of termite damage inside the house. Despite conducting a home inspection before closing, the inspector had failed to identify the termite infestation.

Feeling frustrated and worried about the property’s integrity, Sarah contacted a real estate attorney to assess her options. The attorney informed her that the failure of the home inspection to identify the termite problem might be considered professional negligence. To pursue a case, Sarah would need to demonstrate that the inspector did not adhere to industry standards and that their oversight led to significant financial losses.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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