Does the buyer of a property need to be aware of hidden defects?

property law specialists

As with any sale, the purchaser of a real estate property is protected against the discovery, after the purchase, of possible defects that a careful inspection would not have made it possible to highlight.

The purchase of a property is usually the fulfillment of a long-lasting dream: Finally one owns the own four walls. As a rule, you dare to take this step only once in a lifetime. For this reason, buyers usually check exactly what the joy might be tainted in order to exclude potential sources of error from the outset. As a seller, be careful not to obscure deficiencies so that your customers are not discredited or displayed afterwards.

Hidden faults – malice or ignorance

An evil trap is the so-called hidden defect. Evil trap, because they are hidden. You should not lose a word about obvious defects of a property, because if a defect is obvious, you can exchange it. Reduction of prices or rectification of defects would be adequate discussion. But as a rule, shortcomings in real estate have the bad habit of hiding discreetly. Here is the crucial question for the buyer: Is the seller aware of the defect and has he maliciously concealed this defect, or is the seller of the suddenly emerging lack of the property so to speak “cold” caught?

Known and unknown hidden defects

In his own interest, the seller should display any known defect to the buyer. This may lead to a purchase price reduction, but a fraudulently concealed defect can lead to bad consequences. However, the buyer in this case is in the burden of proof, because he must prove that the seller was aware of hidden defects.

Finally, no one can be held responsible if, for example, one year after the sale, damage is found which, according to experts in the dispute, has been secretly developed for two years, but has never yet come to light. Even home sellers are not a clairvoyant. Therefore one finds in most contracts of sale the clause: Bought as seen.

The Real Estate Lawyer’s Competencies for everyday acts:

  • The real estate lawyer can be useful when real estate is involved; It is in particular competent for:
  • The acquisition, lease or sale of real estate: the lawyer draws up the act of disposition;
  • The creation of a real estate patrimony: the lawyer advises and assists in the creation of an ICS;
  • The construction of a property: the lawyer assists the individual and informs him / her about the rules in force;
  • The administration of a syndicate of co-owners: the lawyer can help in case of difficulties.

Who are our property law specialists?

Our real property lawyers are professionals who have expertise specific to this very special field and a solid experience to enable you to face any legal problem. Their rigor, their listening and their mastery of the subject will allow them to precisely identify your concern and then explain in a very simple way how to continue, how to act.

Property Lawyers Perth with solid experience and expertise know how to listen to you and help you to resolve your legal problem. If you want to discuss your real estate problems with us, call us now or you can also enquiry through by sending us an email. We will respond you shortly.