Purchasing a home can feel thrilling and intimidating at the same time. Whether you choose new construction in Alpharetta or a charming bungalow in an intown Atlanta neighborhood, defects can surface. Obvious problems, such as cracked walls or dead outlets, are easy to spot. The hidden issues are the ones that keep buyers up at night.
What Are Latent Defects?
“Latent defects” are those problems with the property that are not visible to the naked eye. These issues can be wide-ranging, like asbestos in older homes, corroded piping that leads to a plumbing leak, or carbon monoxide leaking into the home.
Georgia’s Duty to Disclose
In Georgia, as in many states, the seller is required to provide disclosures of all known defects, whether obvious or not. The purpose is to inform the cautious buyer of any potential issues they may encounter, and to avoid purchasing a home with defects that will require costly repairs. While this is Georgia law, this is not always followed to the extent a purchaser would like.
What happens when you buy a home only to find that latent defects exist and the seller failed to inform you? You certainly have options.
Potentially Responsible Parties
While you may not be able to seek a remedy from everyone involved, several parties may be responsible depending on the facts of your situation.
- The seller: The seller in Georgia is required to provide disclosures on the home. This disclosure requires the seller to provide a list of defects on the home that they are aware of, but may not be obvious. While a seller may later deny knowing about a defect, a patchwork on drywall found after purchase, where a leak has formed, is an obvious sign that the seller was aware of the issue.
- The seller’s agent: Similar to the seller, the agent must also disclose any defects in the home when asked. While the seller agent’s duties are limited, depending on the circumstances, they may also be held liable.
- The home inspector: While Georgia law does not require inspections as part of the home purchase process, a prudent purchaser will have one conducted. The inspector is a trained individual who is well-versed in home construction and, accordingly, has a higher aptitude for uncovering these issues. Depending on the issue, a home inspector may be liable for missing it in their inspection of the home.
Do You Have a Case?
So now, you have a latent defect, and there is a responsibility that the parties haven’t met. But do you have a case? There are specific conditions that must be met before you can proceed.
Was the defect there before you bought the home? General wear and tear on the home is not actionable if the loss occurs solely during your ownership. However, if the condition was pre-existing, then you should be okay to proceed.
Is it a non-obvious defect that was not disclosed, but a prior party was aware of? For example, plumbing issues may not always be immediately apparent, but if you later discover that steps have been taken to repair and conceal them, and you relied on the non-disclosure of those parties, this condition will have been met.
Finally, the harmed purchaser must prove damages. Is there an actual cost of repair, or a decrease in the home’s value as a result of the defect?
Common Latent Defect Legal Theories in Georgia
There are several legal theories that you can bring against the responsible parties, including failure to disclose, negligence, fraud, breach of contract, breach of warranty, and negligent misrepresentation. We recommend reviewing your case with a qualified Georgia attorney beforehand to ensure you are bringing an action on the correct theory.
Speak With an Experienced Georgia Latent Defect Attorney
For many of us, a home is the single largest purchase we will ever make. If you have recently purchased a home in Georgia and discover a latent defect, but are unsure of your options, we are here to help.
Our Georgia real estate attorneys are here to fight for the recourse you deserve. Call us today at 678-882-0830 to schedule a consultation.
