Sellers Pay for Undisclosed Defects

Colorado home sellers are obligated to let prospective buyers know about major problems with the property. If they don’t, the sellers could be held liable for what’s called failure to disclose. 

In this case, homeowners reached out to our Litigation Team about a potential failure to disclose a claim after a handyman discovered a problem with the home’s foundation while assessing a separate issue. Upon further inspection, the new homeowners discovered a crack in the foundation that appeared to have been concealed. 

The sellers adamantly denied all claims and aggressively defended themselves. They even asked the court to rule on the case without going to trial, but the court denied the sellers’ request. The parties opted to mediate, and our clients ultimately prevailed in the negotiations with the sellers agreeing to pay our clients a hefty settlement.