Buying a home should be a straightforward process. However, some sellers choose to conceal and hide pertinent details about the property -- details that later come back to haunt the new owner. If you have discovered a defect with your recent home purchase, you're probably searching for guidance on what to do next.

Obvious vs Non-Obvious Defects

Damages discovered after the sale of a home will fit into one of two categories: obvious and non-obvious. As a general rule, the defect needs to fall into the non-obvious category for the new owner to have an opportunity for legal recourse. 

For example, a large crack in the foundation would be an obvious defect, as it's easy to spot from the exterior of the home and is something that can easily be observed during a home inspection. On the other hand, water damage hidden by a false ceiling would fall into the non-obvious category and will likely open the door for legal action against the seller. 

Monetary Damages

Another measure that your situation might be assessed by is the monetary damage threshold. Typically, the defect that you discovered after the home purchase has to cause you some form of monetary damage. The damage can come in the form of an upfront repair cost that you have incurred or a decrease in the value of the home.

An issue that you discover that is simply an inconvenience will likely not meet this benchmark. If you're unsure, it's best to get an estimate of the damage and get a statement in writing about what the repair would cost or how the damage affects the value of your property. Your attorney will need this information to file a formal complaint. 

Disclosure Agreement

Different states have different disclosure requirements when it comes to real estate transactions. For example, in Alabama a seller is only required to disclose details that could affect the safety or health of the buyer. In New York, the seller must disclose details about the overall condition of the property. In this instance, listing the property as being in good condition when it has major structural issues would be a violation of the disclosure requirement. 

Speak with an attorney to learn what the disclosure requirements are in your state to see if the seller's failure to disclose the information violates the disclosure requirements. If so, you likely have recourse to take legal action against the seller. 

Contact your local real estate attorney services as soon as possible to discuss your situation and to determine what legal options you have.