Full question:
A real estate only sent the buyer of property one-half of the home inspection report prior to closing. After that it was discovered that the ENTIRE inspection report was not given to the buyer. Now the buyer has to pay over $5,000 for repairs just to bring the house up to electrical code. Is there legal action that can be taken against the realtor?
- Category: Real Property
- Date:
- State: Alabama
Answer:
In some instances, the failure to disclose information can be regarded as fraudulent and give the party harmed by the nondisclosure the same remedies as if a known false statement were intentionally made.
There is a duty for one party who knows of a defect or a harmful condition to disclose this information to the other party if the defect or harmful condition is obviously unknown to the other party and is of a nature that the other party would be unlikely to discover or inquire about the defect or condition.
If two parties have a confidential relationship, such as that of realtor and client, the realtor has a duty to reveal anything that is material to his client when dealing with this client in a business matter. The realtor's silence has the same legal consequences as knowingly making a false statement of a material fact to his client.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
