Many sellers do work on their homes before putting them up for sale. They do so to get a better price and to avoid putting off buyers.
Nevertheless, some buyers complete a purchase, only to be disappointed when they later discover a problem they feel the seller knew about but failed to mention. What does the law say about this?
Sellers must comply with reporting requirements
Delaware, like other states, has a list of things it expects sellers to disclose when selling a home. If the seller lies on the disclosure form, the buyer may be able to hold them responsible in court. Let’s look at how the form deals with repairs.
Let’s say it becomes clear after purchase that the seller has filled in and painted over a crack in an interior wall. The disclosure form asks if there are any problems with the interior walls. If the seller believes they have repaired the problem, they might consider answering no, as they feel the problem no longer exists. They might think it was a cosmetic issue, without thinking about why it occurred.
Yet, if they had answered yes, they would have needed to answer the next question, which requires them to explain any repairs attempted for problems identified. There are also separate questions asking about structural issues, and it may be that small cracks, which can be remedied with a bit of filler and some paint, result from deeper structural issues.
Not everyone is a construction expert. Not all repairs are successful, even when carried out by experts. Sellers can protect themselves by reporting even minor issues, even those they feel have been sorted. If they are ever unsure, they can seek legal guidance to clarify the requirements, as can buyers who feel a seller has not disclosed something they should have. Buyers can also protect themselves by commissioning a thorough inspection.
