Ask any experienced residential real estate attorney about his or her most difficult case. The answer will probably involve a “bad House.” While not exactly a legal term, a bad house is one where the buyer alleges the seller knew about a serious structural defect, but failed to disclose it to the buyer  before purchase.

Proving the seller  knew of the undisclosed defect, which the buyer usually discovers shortly after the purchase, can be very difficult. Since it’s human nature to look for someone to blame, a home buyer usually looks first to the seller,then to the realty agent, and finally to the professional inspector if one was involved.

But buying a truly bad house can usually be avoided by following the correct steps . Even brand new houses have their defects. A local building inspector’s approval is no guarantee. However, whether a new or resale house is involved, home buyers can minimize their chances of making a serious mistake.

Accurate Disclosures Aren’t Guaranteed

Tennessee now requires home sellers to provide written disclosures of known  defects. If the seller lied and failed to disclose a defect that the buyer can prove the seller knew about, the seller is liable to the buyer for damages.
An inspection is the buyer’s first defense. The first line of defense against buying a bad house is to hire his or her own professional home inspector in addition to the required or customary specialized inspections. To avoid wasting  money, the buyer’s professional  inspection should be completed after the seller  accepts the buyer’s purchase offer.

Before hiring a professional home inspector, buyers should check the  inspector’s credentials. Be wary of an  inspector recommended by the realty agent. The inspector might be known as “easy” because realty agents don’t want to recommend a tough “deal Killer” inspector.

Smart home buyers and their realty agents accompany their professional inspectors to discuss any problems discovered. Hiring a professional inspector is also a great way to avoid buying a “sick house”. Don’t hesitate to ask your professional inspector about moisture and mold, radon, asbestos, lead-based paint, formaldehyde, carbon monoxide and other negative influences that concern many home buyers.

Conclusion

The best way to avoid buying a “bad house” is for the buyer to hire KDR to  represent them. We know houses from the ground up. We do not  represent the seller and we are legally bound to get the best deal possible for the buyer. We actually turn the tables on the seller and the seller’s agent by digging up facts on  the house and the seller’s position that can work to the benefit of the buyer.