In My Neighborhood in 92009>Question Details

Donald, Other/Just Looking in Baton Rouge, LA

If a neighborhood suffers from numerous defects due to construction do they have to disclose to potential homebuyers?

Asked by Donald, Baton Rouge, LA Mon Apr 4, 2011

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I would advise my client to disclose anything known to him or her about the condition of the property. Now, whether or not the entire neighborhood has construction defects is an entirely separate issue. That should be public knowledge and I'm assuming some sort of class action lawsuit would have been filed against the developer. If the defect in question does not affect the subject property however, then there is nothing to disclose.
0 votes Thank Flag Link Mon Sep 26, 2011
You need to answer all of the questions on the disclosure forms as they apply to your property. So, as stated by the other agents, best to disclose what you know.
0 votes Thank Flag Link Mon Sep 19, 2011
Yes - when in doubt . . . disclose! Especially known construction defects.
0 votes Thank Flag Link Mon Sep 19, 2011
Hi Donald,

The home seller has the duty to disclose any known defects of which they are aware. If the seller is not sure whether or not to disclose something, then they should do so. If a buyer finds out after the fact that the seller did not disclose a material fact that would have influenced the buyer's decision to purchase, the buyer may be able to sue the seller, so it is always best to disclose!

Best of luck,

Rachel
0 votes Thank Flag Link Sun Sep 18, 2011
Yes, in order to avoid the risk of future lawsuits for lack of disclosure of "material facts."

If your home doesn't suffer from those defects you will simply state that on the various disclosure forms.
0 votes Thank Flag Link Mon Apr 25, 2011
Hello Donald,

You must disclose any known material fact when it comes to a home or property being sold. That includes the surrounding area of the subject property. A good rule of thumb is "when in doubt, disclose!" Good luck!

Matt
0 votes Thank Flag Link Tue Apr 5, 2011
You need to disclose any defects that have occurred in your home. In the case of large condo complexes, some units may have major problems related to poor build quality, while other units may have zero defects. It's really the luck of the draw.

If your home is part of an association and the association is suing the builder for repairs of defects, or if you are suing your builder for defects, that should be disclosed too, as this will impact the ability of a buyer to get a loan.
0 votes Thank Flag Link Mon Apr 4, 2011
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