Undisclosed Property Defects

Dallas / Fort Worth Personal Injury, Bankruptcy & Social Security Disability Lawyers



DFW Property Law Attorney

Most sellers of property in the state of Texas are required by law to disclose certain property defects that affect the value of the property and/or the safety of the property’s occupants. However, in some cases, the seller may be unaware of these defects, may simply forget to bring them to the buyer’s attention, or may deliberately to hide the presence of property defects in order to make a sale. If one of these situations occurs, you may find yourself dealing with inconveniences, financial loss, loss of value to the property, and other consequences related to the presence of undisclosed defects in your home.

If you’re pursuing recompense for property defects and the seller is being uncooperative, hiring a DFW attorney who has experience with this issue is essential. The right attorney can help you understand how Texas law applies to your case so that you can move forward with the legal proceedings. At Ted Machi & Associates, we have dealt extensively with property law related to undisclosed defects, and we can help you recover compensation from a seller who failed to disclose the existence of property defects.

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Failure to Disclose Property Defects

Buying a home is one of the most important and expensive investments you will ever make. When you buy a new home, you want to be sure that you are aware of any problems with the property so that you can plan to repair them or have the seller repair them. The presence of certain property defects may even cause you to rethink your decision to purchase the property altogether.

When selling a property in Texas, sellers are required to complete a three-page disclosure form that covers all the defects that must be disclosed under Texas law. However, sellers may fail to fill this disclosure form out honestly, leaving you unaware of existing property defects.

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Common Undisclosed House Defects

A variety of different house defects must be disclosed to potential buyers in the state of Texas. Unfortunately, many sellers are reluctant to be honest about the defects in their homes, especially if they believe that disclosing the defect could prevent a sale altogether or reduce the amount of profit they can gain.

Some of the most common defects that sellers don’t disclose include foundation problems, plumbing leaks, prior flooding, groundwater drainage, and wood-destroying insect infestation and damage. All of these defects can dramatically reduce the value of the home and/or require the buyer to spend a significant amount of money on repairs. You deserve to be compensated for what undisclosed defects cost you, and that’s where our Texas house law attorney can help.


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Is the Seller Always at Fault for Undisclosed Defects?

Under Texas law, sellers are required to disclose defects only if they have personal knowledge about them. Texas law does not require sellers to hire an inspector prior to completing the disclosure form; therefore, if a defect exists in the home but the seller was unaware of its presence, they may not be at fault if the defect eventually becomes a problem for the buyer. However, in most cases, sellers merely pretend to be unaware of certain defects in order to sell their properties faster or to obtain a better sale price.

If you believe that the seller was aware of a given defect but failed to disclose it, you can take legal action to recover compensation. At Ted Machi & Associates, we can help you prove that the seller was aware of the defect but did not disclose its existence. The court will then require the seller to compensate you for the defect and for the problems it has caused you.

Proving that a seller is responsible for undisclosed defects can sometimes be difficult. For this reason, it is best to hire an attorney who has experience with house law before pursuing legal action. Sometimes the seller will settle out of court, and Ted Machi can make sure that they offer you an appropriate settlement.

If you want to be compensated for undisclosed property defects, Ted Machi & Associates can help. Our house law attorneys will help you obtain justice and full compensation for what the seller has cost you.