Q: When selling a home, what is the law regarding disclosure of adverse conditions affecting a house being considered for purchase? For example, would disclosure be required for a house directly on a nearby airport’s flight path? — Louis
A: When selling property, the law traditionally has been “caveat emptor,” which translates to “let the buyer beware,” meaning that it was up to the buyer to investigate and find any problems with the house being purchased. Like society, the law has evolved.
While many traditional rules still apply, sellers of residential properties in most places are now required to tell potential buyers about known “latent” defects. A latent defect is a problem with the house that a reasonable buyer would not find in a typical investigation.
