Buying a home is the single largest investment most people will ever make, so getting as much information as possible before choosing a property is essential. Unfortunately, sellers in Alabama aren’t required to disclose material defects that could affect the value of the house, which makes real estate litigation especially difficult if a problem is discovered later. Here’s a closer look at some key facts every homebuyer should know about real estate disclosures in the Yellowhammer State.

What Sellers Are Required to Disclose

Alabama is one of the few states that follows the principle of caveat emptor (Latin for “buyer beware”) in real estate doctrine. This essentially means it’s up to the buyer to discover any potential problems with the property. However, while sellers generally don’t have a legal obligation to inform you of any material defects, there are a few exceptions.

Exceptions to the Caveat Emptor Principle

In Alabama, sellers are required to inform buyers of any problems that could pose a health or safety risk to the new buyers. For instance, they may be required to disclose extensive mold infestations or potentially dangerous electrical issues.

The Alabama Supreme Court has also made an exception for buyers who ask specific questions about the condition of the property. If, for instance, you ask about water penetration in the basement, and the seller doesn’t respond honestly, you may be able to file an action against them for fraud or negligence.

Your Legal Options

In most cases, sellers in Alabama who discover flaws in a property after closing don’t have a legal claim against the sellers. However, if you were intentionally misled about the condition of the house or the sellers concealed a dangerous defect, a real estate litigation attorney may be able to help you achieve justice.

With decades of experience in real estate litigation, the attorneys at Craven & Perry, PLLC, have the resources and expertise to resolve conflicts and protect your rights. They serve homebuyers throughout Baldwin County and will take the time to evaluate your case and identify all your legal options. Visit their website for more on their real estate litigation services or call (251) 968-8170 to contact their office in Gulf Shores, AL, today.