When you purchase a home, you expect the seller to provide honest and complete disclosures identifying known defects in the property. Unfortunately, some home sellers, and even some real estate agents, will fail to disclose serious adverse information about a home in an effort to maximize the sale price of the home, leaving the buyer with unexpected damages and expenses. Standard sales contracts require that the seller provide the buyer truthful disclosure of their knowledge about the condition of the home, even if they have never lived in the home, such as in the case of rental property or fix-and-flip sellers. In additioin to any contractual obligations, home sellers in Colorado owe home buyers an independent duty to disclose hidden defects of which they are aware. In addition, the disclosure provisions in the standard-form residential real estate contract do not subsume this independent duty. A seller's real estate agent also has a duty to disclose known issues to the buyer. Therefore, a failure to disclose case may involve claims for breach of contract, negligence and even fraud, and could involve claimes against parties other then the seller. You need an attorney experienced in dealing with these issues. At the Law Offices of Murray & Damschen, P.C., our attorneys understand the stress and difficulties caused by a seller's failure to disclose defects. Call Murray & Damschen, P.C., today for a free assessment of your case.
Non-disclosure Issues Attorneys
At Murray & Damschen, we have seen cases where home sellers and their real estate agents have failed to disclose several different types of known problems with a home, including major structural damage, flooding and water damage and un-permitted work.
The standard real estate forms used for most home sale transactions in Colorado include a specific requirement that the seller provide the purchaser a disclosure form identifying several types of defects or problems known to exist in the home, and in some cases, defects or problems known to have ever existed in the history of the home, even if the condition has been repaired. A seller's real estate agent may also have an obligation to the purchaser to disclose material defects that he or she knows about.
The standard form real estate contracts in Colorado often also require that the seller pay the buyer's attorney's fees when the seller has breached the contract in this way.
Colorado Buyer's Rights Law Firm
Our non-disclosure issues lawyers have years of experience handling cases involving construction defects and other related issues. We are primarily a litigation firm. Trial work is what we do, and we do it well. However, we will protect your buyer's rights and interests through the appeals process, if necessary. We also handle many construction-related arbitration and mediation cases, in situations where your contract requires alternative resolution of disputes.