Real Estate Contract Question

I'm selling a house and the offer from the buyer checked this box. Is it something I should be concerned about? There is no known defects with the house.

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Basical the seller is warranting the property, which I have never seen.

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It happens, I don't recommend it, but it happens.

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Even in new construction.

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There should be a homebuilder's warranty.

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see TigerDeacon knows all,

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Mrs. TigerDeacon, amoung many others, disputes this statement.

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5 years down the line they pull up the carpet in your living room. They find a crack, they contact a foundation expert who testifys that the crack mostly likey was there at or before the act of sale. Guess who will be paying for the foundation repair and hotel for the new owners.

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But you have to be able to prove that the owners knew about the deficency and did not disclose it to the buyer. That's the tricky part. You cannot sue an owner for not telling you something they didn't know about in the first place.

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But you have to be able to prove that the owners knew about the deficency and did not disclose it to the buyer.

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Not true:

Louisiana Civil Code Article 2520 provides:
The seller warrants the buyer against redhibitory defects, or vices,
in the thing sold.
A defect is redhibitory when it renders the thing useless, or its use
so inconvenient that it must be presumed that a buyer would not have
bought the thing had he known of the defect. The existence of such a
defect gives a buyer the right to obtain rescission of the sale.
A defect is redhibitory also when, without rendering the thing
totally useless, it diminishes its usefulness or its value so that it must be
presumed that a buyer would still have bought it but for a lesser price.
The existence of such a defect limits the right of a buyer to a reduction
of the price.
Importantly, an action for redhibition against a seller prescribes in one year from the
day the defect was discovered by the buyer, unless the seller did not know of the
existence of a defect in the thing sold, in which case the action prescribes in four
years from the day delivery of the thing was made to the buyer or one year from the
day the defect was discovered by the buyer, whichever occurs first. La.Civ.Code art.
4
2534. Thus, under La.Civ.Code art. 2534, Cunard’s claims have prescribed, and
Cunard does not argue otherwise.

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