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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

 

 

Have a Query?

Need more information or have legal questions?
Contact us directly at 678-784-4150.