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Buying a home: Common problems that lead to litigation

On Behalf of | Apr 10, 2020 | Real Estate Law

There’s little more exciting than buying a home. Despite all the stress, you’re looking forward to the day when you close on the property, move in and enjoy your home with your loved ones.

No matter how much you prepare for everything the process will throw at you, there are times when you have no choice but to take legal action against another party involved in the transaction.

Here are some of the most common problems that lead to litigation when buying a home:

  • Failure to disclose a defect: For example, sellers often attempt to hide major defects to make their home more appealing. This can include everything from a cracked foundation to termite damage to mold. Not only does hiding a defect harm your financially, but it could also impact your health. Every defect should be outlined in the disclosure.
  • Agent negligence: You hire a real estate agent to guide you through the process and provide professional advice at every turn of the road. If your agent doesn’t act in your best interest, you may be able to take action against them in the future. An example of this is an agent working behind your back with another agent to improve the likelihood of you buying a particular home. This can lead to a variety of troubling finds, such as hiding defects and neglecting to negotiate the best price on your behalf.
  • Breach of contract: You have a contract with your agent, so you should expect them to follow the terms and conditions throughout your engagement. For instance, if they neglect to meet all the deadlines in the contract, it could harm your ability to reach a deal for your dream home.
  • Negligent inspection: You hire a home inspector with the idea that they’ll find anything and everything wrong with the property. If they don’t take the necessary steps in doing so, you could purchase a home with costly defects.

Buying a home should be an enjoyable experience, so you don’t tackle the process with the idea that you’ll have to take legal action against someone. However, if your legal rights are compromised in any way, don’t hesitate to learn more about the steps you can take to protect yourself.