The level of seller disclosure necessary for defects found in a previous inspection depends on the state where the home is located. Florida, for example, only makes sellers responsible for disclosing defects that they have actual knowledge of at the time of sale. So, if a seller did not read the report or receive notification of any defects in another way that is verifiable, they are not responsible to pass the information on to the buyer. This can be hard to prove, and saying “they should have known” will not work.

    Other states have more stringent standards. Texas mandates sellers to disclose any material defects found in the home inspection report after receiving it, whether they open and read it or not. 

    Lack of disclosure is the number one reason for a lawsuit against the seller after a real estate transaction. But it is also a complicated issue and, if you have a problem with lack of disclosure, consulting an attorney experienced in real estate law in your state is the best strategy.

    To learn more, we suggest reading our articles Do I have to bring my house up to code to sell it? and The seller gave me a report from a previous home inspection. Should I use it or get my own inspector? and How do I find out what was on a previous home inspection report? and Should I trust the Seller's Property Disclosure Statement? and How thorough is a home inspector required to be when inspecting a house? 

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  To find more strategies for getting the best possible home inspection, here’s a few of our other blog posts:

• How can I make sure I don't get screwed on my home inspection? 

• Can I do my own home inspection?

• How can homebuyers protect themselves against buying a house over a sinkhole? 

 • If we already looked at the house very carefully, do we still need a home inspection?

    To read about issues related to homes of particular type or one built in a specific decade, visit one of these blog posts:

• What are the common problems to look for when buying a 1940s house?

• What are the common problems to look for when buying a 1950s house?

• What are the common problems to look for when buying a 1960s house?

• What are the common problems to look for when buying a 1970s house?

• What are the common problems to look for when buying a 1980s house?

• What are the common problems to look for when buying a 1990s house?

• What problems should I look for when buying a country house or rural property? 

• What problems should I look for when buying a house that has been moved?

• What do I need to know about buying a foreclosure? 

• What should I look for when buying a former rental house?  

• What problems should I look for when buying a house that has been vacant or abandoned?

• What are the most common problems with older mobile homes?

• What should I look for when buying a house that is being "flipped" by an investor seller? 

• What do I need to know about a condo inspection?

• What are the "Aging In Place" features to look for when buying a retirement home?

   Visit our HOME INSPECTION page for other related blog posts on this subject, or go to the INDEX for a complete listing of all our articles.