How to Sell Your Home Without Getting Sued Later

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By: Bill Henry
PublishedSep 18, 2020
1 minute read

Plenty of things can go wrong during the home selling process. But did you know there are home sellers who get sued after their home is sold? The reason: undisclosed problems about the house. There are ways, though, to sell your home without getting sued.

Real Estate Attorney Boyd Rolfson provides some useful information so you feel secure to sell your home without getting sued.

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How to Sell Your Home Without Getting Sued 

Why Do Post-Sale Lawsuit Happen?

We’ve had clients throughout the years who have reached out to Robinson & Henry after they’ve sold their house because they’ve run into legal issues with the sale.

The home buyer, months or years later, discover problems with the home that were not disclosed to them when they bought it.

Failure to Disclose Cases

The legal term is called failure to disclose. These cases occur when the seller fails to disclose a defect or something else wrong with the property.

As a home seller, you have  duty to disclose defects or problems that may affect the value of the home. You also have to reveal any construction projects or upgrades that you’ve made to the home so the buyer understand what they’re getting when they purchase it.

You could be liable if you fail to disclose this information to the buyer. 

How to Prevent a Future Lawsuit

When you’re ready to sell your house, you’ll notice there is a disclosure page among all the paperwork you’ll fill out. It’s on this document that you reveal any issues or defects with the home or its construction. This is also where you will list any home improvement projects you had completed.

What to Include on the Disclosure Paperwork

The best way to avoid any future problems is to include every defect that you are aware of. Include every single construction project and remodel you have done since you’ve lived in the home.

It’s safer to disclose everything to the buyer so they have the opportunity to get additional information about the defects and the construction projects.

The more you disclose, the safer you’ll be. And, ultimately, this can help you avoid future lawsuits down the road.

Have You Been Sued for Failure to Disclose? 

If you have been sued after selling you home, set up a meeting with one of our real estate litigation attorneys. Call 303-688-0944 to set up a case assessment or schedule online when you click here.

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