If buyers discover undisclosed water-related issues after closing, who is most likely liable?

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In this scenario, the seller is most likely liable for undisclosed water-related issues that come to light after closing. Sellers have a legal obligation to disclose any known defects or issues with the property that could affect its value or desirability, particularly those that are material in nature. Water-related issues, such as flooding, mold, or plumbing problems, can significantly impact the livability and condition of a home.

If these issues were known to the seller and not disclosed to the buyers during the transaction, the seller can be held liable for not fulfilling their duty to inform potential buyers of material defects. This obligation is based on common real estate practices and varies by state, but the underlying principle is that sellers must be transparent regarding the property's condition.

While buyers are encouraged to conduct thorough inspections before closing to uncover potential issues, the primary liability typically lies with the seller when it comes to undisclosed problems. The listing broker's responsibility is generally to facilitate the transaction and have the seller fulfill their disclosure duties. If the broker was unaware of the issues and the seller concealed them, the broker usually would not be held accountable.

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