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Which construction defects can complicate a sale?

On Behalf of | Dec 15, 2019 | Firm News

Arizona residents buying property, whether it be a home or a commercial building, expect the purchase to run smoothly. This includes no surprises about the physical state of the property after it changes hands. What happens if there is something wrong with the building that the previous owner failed to disclose to me, you may wonder? Do unforeseen construction defects cause legal issues for buyers? 

FindLaw explains that, unfortunately, construction defects are common with home and commercial building purchases. The problems can range from issues with the plumbing, heating or air conditioning units to foundational cracks or dry rot within the walls. Leaks, drainage problems and mold are other common issues that buyers can face. You may also have the distressing problem of substandard building materials having been used during construction. 

Not surprisingly, serious construction defects can be extremely costly for owners to repair, as well as affect the building’s resale value. The building’s previous owner would ordinarily be required to disclose any known defects to potential buyers or to make the necessary repairs before selling the property. However, not all property owners are honest about fully disclosing issues, or they might not have been aware there was a problem. It is important to consult an inspector with experience in detecting construction defects in residential or commercial properties. 

The previous owner, or his or her insurance company, may be considered liable for building defects that were not disclosed to you during the purchase. Since this is a complex topic, the information presented here should not replace the advice of a lawyer.