Discovering unexpected damage or defects in a home shortly after closing can be a frustrating—and costly—experience for new homeowners. Whether it’s a leaky roof, mold hidden behind a wall, or foundation issues, buyers are often left wondering: Did the seller know about this? and Do I have any legal recourse?
In Connecticut, sellers are required to disclose certain known defects, but there are limits to what can be recovered after a sale. Here's what you need to know if you find yourself in this unfortunate situation.
Connecticut’s Residential Property Condition Disclosure Report
Under Connecticut law (Conn. Gen. Stat. § 20-327b), most home sellers must provide buyers with a Residential Property Condition Disclosure Report, a standardized form that outlines known issues with the property. This report covers systems like plumbing, heating, electrical, structural components, and environmental hazards such as lead or radon.
Importantly, this disclosure only requires sellers to report known defects. They are not obligated to investigate or inspect for issues they aren’t aware of. If the seller fails to provide the form, they must credit the buyer $500 at closing.
When You Can Take Legal Action
While buyers are typically expected to conduct their own due diligence—including home inspections—Connecticut law does allow for legal remedies if a seller intentionally misrepresented or fraudulently concealed a material defect.
You may have a case if:
- The seller knew about the defect and failed to disclose it on the disclosure form.
- The seller actively concealed the defect (e.g., painting over water damage).
- The defect was not reasonably discoverable during the home inspection.
If you believe this applies to your situation, your next step should be to contact an experienced real estate attorney to assess whether you may have a claim for fraud, negligent misrepresentation, or breach of contract.
What to Expect in a Misrepresentation Claim
To succeed in a legal claim for seller misrepresentation, a buyer must generally prove:
- The seller made a false statement or omission of a material fact.
- The seller knew or should have known the statement was false.
- The buyer relied on the statement or omission when deciding to purchase.
- The buyer suffered damages as a result.
The onus is on the buyer to provide substantial supporting evidence for these claims. This can include inspection reports, communication records, witness statements, and documentation of repair costs.
Limitations and Challenges
Not every post-sale issue qualifies as misrepresentation. If the damage was visible, noted in the inspection report, or could reasonably have been discovered through standard due diligence, your legal options may be limited. Additionally, many purchase contracts include “as-is” clauses, which can weaken—but not always eliminate—claims against the seller.
Time is also a factor. Connecticut’s statute of limitations for misrepresentation claims is typically three years from the date the buyer discovered (or reasonably should have discovered) the issue.
Practical Steps to Take
If you find serious defects after closing:
- Review the seller’s disclosure form to see if the issue was mentioned.
- Gather documentation, including inspection reports, repair estimates, and photos.
- Contact your real estate attorney to evaluate whether a legal claim is viable.
- Notify your homeowner’s insurance to determine if any coverage applies.
- If applicable, contact your inspector—especially if they missed an issue they should have caught.
Conclusion
While Connecticut law provides protections for buyers who are victims of seller misrepresentation, every case is fact-specific. Working with a qualified real estate attorney can help you understand your rights and determine the best path forward.
Need legal help with a post-closing issue?
Attorney Charlene Pederson has more than 30 years of experience helping Connecticut homebuyers navigate real estate disputes and closings. To schedule a consultation, contact her at charlene@pedersonlawct.com or 203-900-4371. We proudly serve Greenwich, Stamford, Darien, New Canaan, Westport, Norwalk, and beyond.
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