Purchasing a home may be the most significant financial commitment most Birmingham residents will make in their lifetimes.
However, Alabama follows the doctrine of ‘caveat emptor’ which is Latin for ‘let the buyer beware’ and this means that sellers do not have to declare any problems there are with the home they are selling.
However, this only applies to used homes and not to the sale of new homes, so if your new home has a defect then you have rights against the builders of that home.
But in the case of a used home, the seller does not have to tell you that the heating system does not work, or the roof leaks, for example. Neither the seller nor the seller’s agent has to tell you about a defect which might stop you buying the home, unless it could adversely affect your health or safety. It is the duty of the buyer to carry out all the necessary inspections to ensure that the house has no serious defects.
However, under Alabama law, if you wish to claim against the buyer for a serious defect in the home you have bought, you will need to prove that it affects your health or safety, that the seller or their agent knew about the defect before they sold you the property and that there was no way you could have found out about it via normal home inspections.
Also, if you can prove that your agent, who found you the house, knew about the defect then you may have a claim against them as caveat emptor does not apply to agents.
Hence if you are purchasing a used home in Birmingham, ensure that you carry out all of the property inspections to ensure you do not buy a home with a serious defect and have no legal recourse against the sellers.
