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What Can I Do About House Defects After a Sale?

McCarter | East PLLC Dec. 20, 2023

Man pointing to the cracked wall in houseDiscovering defects in your new home can be a shocking and disheartening experience. It's an unfortunate situation that none of us ever want to face, yet it's not uncommon. If you're in Tennessee and this is your reality, don't let despair take over. There are legal avenues available for you to seek remedies or compensation.  

Located in both Murfreesboro and Woodbury, Tennessee, our law firm, McCarter | East PLLC, is fully equipped to assist you during this challenging time. We'll stand by your side, reviewing your purchase agreement and any disclosure documents, advising you on potential legal claims, and guiding you through negotiations or even litigation if necessary. With us, you're not alone in this journey. We'll leverage our extensive knowledge and experience to secure the best possible outcome for you. Let us guide you through this legal maze, advocating for your rights and ensuring your interests are protected every step of the way. 

Discovering House Defects: The Initial Shock 

Buying a house is a substantial investment for anyone, and it's a moment of joy and excitement. But imagine the heartbreak when you discover defects in your new home after the sale. If you find yourself in this predicament in the state of Tennessee, don't despair. There are legal options available to address these issues and seek compensation or remedies. 

The first thing you need to do is carefully review the purchase agreement and any disclosure documents provided by the seller. These documents are crucial as they outline the seller's obligations and any warranties or representations made about the condition of the property. If you find that the defects were not disclosed or the seller misrepresented the condition of the house, you may have grounds for legal action. 

Seeking Legal Advice: The Next Step 

Once you've reviewed all the pertinent documents, it's time to consult with an experienced real estate attorney. This step is vital as we can assess your situation and guide you on the best course of action. We'll review the relevant documents, evaluate the defects, and determine whether you have a valid legal claim. We can also help you negotiate with the seller or their insurance company to seek a resolution.  

Mediation or Arbitration: An Alternative Path 

In Tennessee, mediation or arbitration may be viable options to resolve disputes related to house defects. These alternative dispute resolution methods can help parties reach a mutually agreeable solution without going to court. Mediation involves a neutral third party facilitating negotiations, while arbitration involves a neutral third party making a binding decision. Both processes can be less time-consuming and costly compared to litigation. As a law firm, we've seen many cases where these methods have yielded positive results. 

Filing a Lawsuit: The Final Resort

If negotiations or alternative dispute resolution methods are unsuccessful, you may choose to file a lawsuit against the seller, builder, or other parties responsible for the defects. We're fortunate to be located in both Murfreesboro and Woodbury, Tennessee, where our offices are just a few blocks from the courthouse. Depending on the circumstances, you may seek compensation for repair costs, diminished property value, or other damages.

It's also important to be aware of the statute of limitations for filing a claim related to house defects in Tennessee. The statute of limitations sets a time limit within which a lawsuit must be filed. In Tennessee, this is generally three years from the date the defect was discovered or should have been discovered with reasonable diligence. Always consult with an attorney to ensure compliance with the applicable statute of limitations. 

Reach Out to Us Today

Dealing with house defects after a sale can be a complex and stressful situation. But remember, in the state of Tennessee, there are legal options available to address these issues. By reviewing the purchase agreement and disclosure documents, consulting with an attorney, considering mediation or arbitration, and potentially filing a lawsuit, you can seek compensation or remedies for the defects. It's essential to act promptly and seek professional legal advice to effectively protect your rights and navigate the legal process. At McCarter | East PLLC, we're here to support you every step of the way.