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The title and the property cannot be legally transferred until the title defect is resolved. The titleholder must take care of all and any issues. For example, if there are tax liens on the property, the homeowner must pay off outstanding taxes before going through with the sale.
A quitclaim deed is often used to cure a defect (a "cloud on the title") in the recorded history of a real estate title.
Disclosing Home Defects: Sellers' Responsibilities If they forget or refuse, the sale is not valid. If a new home buyer discovers a material defect that the seller failed to disclose before the close of the sale, the law may give them the right to cancel the transaction.
Consequences For Failing To Disclose Issues With A Property The buyer could cancel the sale or even take legal action against the seller if an issue comes up after the sale closes.
Title insurance guarantees you or your lender against losses from any defects in title that may exist in the public records at the time you purchase that property, and certain other risks described in the title insurance policy.
A seller can be sued in some circumstances If a seller lies when making required disclosures about the house or if the seller is dishonest in their listing, there are certain circumstances in which the seller could potentially be sued.
Failure to disclose can result in legal action, including breach of contract claims and fraud claims. The consequences of failure to disclose can be significant, including financial damages and even the termination of the transaction. In some cases, failure to disclose can result in criminal charges.
If you knowingly fail to disclose details about your property that you're required to share with a prospective buyer by law, there are a few things that can happen. The buyer can cancel the sale and you could get charged a fee.