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There are some instances in which a seller could not have known, nor did they have any signs that would have let them know, that there was a defect. In these situations, the buyer becomes the first one to learn of the defect after the sale. For that reason, the seller would not be liable to pay damages.
Under Georgia law, the seller is obligated to disclose material defects about the property. They also have a legal obligation to truthfully answer any questions asked of them during the sales process. This law places much of the onus on the buyer to learn of any defects.
Who is responsible? Under Georgia law, you have a couple of options. Seller: Sellers are required to disclose any defects that they're aware of in the home, whether or not that defect is obvious. If the buyer finds defects after the home sale, the seller may be held liable for those defects.
Only Handling Matters In California Latent defects must exist at the time of sale and have not been obvious to a prudent buyer under the same circumstances.
Accumulating Evidence: Assemble an arsenal of evidence to substantiate your claim. This might involve capturing detailed photographs, videos, and other pertinent documentation showcasing the misrepresentations.
If you have a contract in writing with the inspector to perform any review, and you can prove that the review was never in fact completed, this would be the proper avenue for legal recourse. Assuming that you have a valid claim based on the two legal theories above, there are still items to consider.
Georgia is a ?caveat emptor? (buyer beware) state, meaning that buyers are charged with performing their own due diligence in real estate transactions.