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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118778
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If you sell a home unaware there are spalling issues but the

Customer Question

if you sell a home unaware there are spalling issues but the buyer's inspector passes the house but cannot be certain of any spalling problems but suggests the buyer have it inspected and the buyer chooses not to and enters into an "as is" contract, can the buyer 8 months later sue seller for fraud when he learns mthere is spalling repairs needed? seller was unaware of any problems but 7 months prior to sale had a handyman repair cracks in the stucco On the disclosure statement seller wrote in there was repairs to cracks in stucco and was repaired. Buyer is suing seller for fraud.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the buyer's inspector passes the house and the seller is not aware of any issues with the house AND the buyer signs an as is contract, they cannot later try to hold the seller liable for finding any issues with the house.
In order to hold the seller liable, the buyer has to prove the seller actually knew of the defects at the time of the sale. If the buyer could not prove the seller knew of and/or concealed the defects, then the seller could not be found liable.
In order to prove fraud, the buyer has to prove even more, they have to prove the seller knew and intentionally concealed the defects. If that was not the case, the seller could not be held liable.