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Failure to Disclose

Holding Deceptive & Unfair Sellers Responsible

Buying a home can be an exciting experience. Making such a purchase can be one of the greatest investments of your life. The last thing that you expect is to discover serious damage or defects that make diminish your home’s value or desirability. Finding defects after purchasing your Texas home could signify a greater, more complex legal dilemma involving the seller or broker’s failure to disclose important information.

Buyers and sellers engage in a trusting relationship with one another. When a seller or real estate broker remains silent or willfully misrepresents information, this is a type of professional misconduct and fraud for which the wrongful party must be held accountable. In such cases, you need the help of a Houston real estate lawyer.

Purpose of Inspection

In the state of Texas, all sellers of real estate must provide a Seller’s Disclosure of Property Condition form. Before selling the property, the state recommends that the seller should conduct a thorough inspection of the home. The purpose of the inspection is to allow the seller to find and document any serious defects or damages that may decrease the value of the home, cause serious harm to an occupant, or otherwise diminish the desirability of the home. Failing to report these issues can lead to costly lawsuits and expensive property repairs.

Disputes regarding failure to disclose often arise from the following:

  • Structural damage
  • Termite and other insect infestation
  • Mold
  • Lead-based paint
  • Hazardous materials or toxic waste
  • Plumbing leaks
  • Roof damage
  • Electrical problems and faulty wiring
  • Malfunctioning appliances, including water heaters or septic tanks

Failure by the seller or real estate agent to disclose these problems can unfairly leave buyers facing thousands of dollars in repairs.

Hire a Houston Real Estate Attorney with Broker Experience

With my experience as a licensed real estate broker in the state of Texas, I can provide effective representation for sellers, buyers, and real estate brokers in cases of failure to disclose. Because failure to disclose is considered to be a form of professional misrepresentation and fraud, you could be facing serious consequences and legal repercussions if involved in this kind of case. I handle each case personally, and you can rest assured that I put in the time, energy, and effort necessary to help you resolve your legal concerns.

Call Malley Law Firm, PLLC today to schedule your free case evaluation with me!


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