Latent Defects

Thrift McLemore represents clients in a variety of real estate matters, including issues arising from latent defects.

A latent defect in a property is an issue that could not reasonably be determined during a pre-sale purchase of the property. Latent defects are not the sort of problems you can see. In contrast, a patent defect is one that the seller does not disclose but should have been identified during the pre-sale inspection.

A buyer can seek damages for latent defects if the seller knew about them but did not disclose them.

Our attorneys represent both buyers and sellers in latent defect lawsuits. Our background in real estate and construction law provides us with the insights needed to serve the best interests of our clients.

A successful latent defect claim requires the buyer to prove two key points: that the defect was latent and that the seller was aware of the issue but did not disclose it.

Types of Latent Defects

While older properties are more likely to have latent defects, even new construction can hide issues that the buyer should be made aware of before the closing. This damage is most likely to be hidden by walls. Common latent defects include mold, leaking pipes, electrical problems, hidden flood damage, and foundational and structural issues.

Our Aim

We aim to provide the best representation possible for our clients in real estate latent defect cases. Whether you are a buyer or a seller, we know the intricacies of the law and will aggressively protect your interests.

Additional Legal Services

In addition to representing clients in latent property defects cases, we also provide legal services that address the following:

Construction Defects
Flood Damage
Damage to the Foundation or Structure
Improperly Installed HVAC, Electrical and Plumbing Systems
Renovation Claims
Commercial Construction Projects and Developments
General Contractor’s Suits against Sub-Contractors
Sub-Contractor Suits against General Contractors

Blog Posts about Latent Defects

Can a Ghost Affect Your Real Estate Closing?
By Craig Thrift |
Oct 30, 2020
In a New York real estate court case, a buyer was allowed to rescind a contract because the seller, despite publicly promoting the home as haunted, failed to disclose the home’s ghostly residents to the buyer. Although this case was unique, buyers and sellers need to understand the duty to disclose in a real estate deal.
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Recourse for Georgia New Construction Defects
By Jonathan Barash |
Aug 10, 2020
If you discover defects in your newly-built Georgia home, document the defects, review your home warranty, and follow claim procedures. If the builder fails to respond, Georgia’s Right to Repair Act and the terms of your warranty may provide the basis for legal claims based on warranty enforcement, breach of contract, negligent construction, or fraud.
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House Flipping and Potential Legal Pitfalls
By Craig Thrift |
Jun 6, 2020
Real estate flipping can be profitable but carries risks and requires you to navigate FHA re-selling restrictions, mortgage loan disclosures, and title requirements. Mortgage fraud schemes can also inflate property values while title issues can make ownership unclear.
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Homeowners Insurance Company Deny Your Claim in Georgia?
By Craig Thrift |
Nov 13, 2019
Insurance companies often use technicalities, exclusions, and other tactics to delay, underpay, or deny homeowner claims. The Georgia Department of Insurance’s Consumer Services Division offers resources for homeowners. An attorney can also help you resolve a dispute which could result in additional penalties against the insurer if they acted in bad faith.
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Builder or Contractor Did a Poor Job? Seeking Relief in Georgia (Including the Right to Repair Act)
By Craig Thrift |
Sep 7, 2019
Georgia homeowners facing problems with a contractor must navigate the Right to Repair Act, which typically requires written notice to the contractor and a chance for the contractor to respond before a lawsuit can be filed. If the contractor fails to respond to the homeowner’s satisfaction, legal action for breach of contract or warranty enforcement may be necessary.
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Suing for Latent Defects in a Home Purchase in Georgia
By Craig Thrift |
May 19, 2019
If you discover latent defects in a Georgia home after purchase, you may seek legal recourse from the seller, their agent, or the home inspector for failure to disclose, negligence, fraud, or breach of contract. To prevail, you must prove the defect existed prior to purchase, was undisclosed, and that you suffered damages as a result of the defect.
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