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Who is responsible if known hidden defect is found AFTER closing?

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The responsibility for a known hidden defect found after closing a real estate transaction depends on various factors, including local laws, contractual agreements, and the specific circumstances of the case. In general, however, the following parties may be involved:

1. Seller: The seller may be held responsible for known hidden defects if they failed to disclose them or intentionally concealed them during the sales process. In some jurisdictions, sellers are required by law to disclose any known defects in the property.

2. Buyer: The buyer has a responsibility to conduct due diligence and inspections before closing the deal. If the buyer failed to identify the defect during the inspection or knowingly accepted the property "as-is," their options for recourse may be limited.

3. Real Estate Agents and Brokers: Depending on the circumstances, real estate agents and brokers involved in the transaction may also bear some responsibility. If they were aware of the defect and failed to disclose it or misrepresented the property, they may be held liable.

4. Contractual Agreements: The terms of the purchase agreement and any warranties or representations made by the seller may also determine the responsibility for hidden defects. Some purchase agreements include clauses that limit the seller's liability for defects discovered after closing, while others may provide remedies for the buyer.

To determine the specific responsibilities and legal recourse in a particular situation, it is advisable to consult with a real estate attorney who can provide guidance based on the relevant laws and contracts applicable in your jurisdiction.

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