What to Do if a Home Seller Didn't Disclose Defects

 Posted on August 09, 2024 in Real Estate

Buying a home is a significant investment, and discovering undisclosed defects after the purchase can be frustrating and costly. Sellers are required to disclose known material defects in the property. However, if you find yourself in a situation where the seller failed to disclose issues, there are steps you can take to protect your interests. An Illinois lawyer can help you determine if you have a potential case.

What to Know About Seller Disclosure Requirements

In Illinois, the Residential Real Property Disclosure Act mandates that sellers provide a disclosure report to potential buyers. This report should include information about material defects that the seller was aware within the home or on the property. For example, a seller must disclose if they are aware of recurring basement flooding or if there are cracks in the foundation that they have attempted to repair. Some common areas that need to be disclosed include flooding, foundation or structural issues, roof defects, electrical or plumbing problems, and the presence of toxic substances such as radon or lead.

Steps to Take if Defects Are Discovered

If you discover undisclosed defects after purchasing your home, you must act quickly. Start by documenting the issues thoroughly. Take photos and videos of the defects, and keep records of any repair estimates or professional opinions. Next, review your purchase agreement carefully, paying close attention to any clauses related to seller disclosures or warranties.

At this point, it is advisable to consult with a real estate attorney in Illinois. A  lawyer can help you understand your rights and potential legal remedies. They can also guide you through the next steps, which may include attempting to resolve the issue directly with the seller, considering mediation, or, if necessary, filing a lawsuit.

Important Statutes to Know

When dealing with undisclosed defects, be aware of relevant Illinois laws. The Residential Real Property Disclosure Act (765 ILCS 77/) outlines sellers’ disclosure obligations and buyers’ rights. It is important to note that the statute of limitations for filing a lawsuit is typically one year from the date of occupancy, possession, or recording of the deed. Under this law, sellers can be held liable for actual damages, court costs, and in some cases, attorney fees if they knowingly violate the disclosure requirements.

Contact a Libertyville, IL Real Estate Lawyer

If you are facing issues with undisclosed defects in your newly purchased home, do not hesitate to seek legal guidance. Many real estate attorneys offer free initial consultations to discuss your situation and outline potential strategies. Taking prompt action can help protect your investment and ensure you receive fair compensation for any damages or necessary repairs. By working with one of our Gurnee, IL real estate attorneys, you can make informed decisions and take the necessary steps to address undisclosed defects in your home. Call Newland & Newland, LLP at 847-549-0000 to start with a free consultation.