What to do when a seller fails to disclose significant property defects
—Name withheld on request
Generally, the seller is bound to disclose any material defect in the property in the seller’s title of which they are aware, and the purchaser cannot in the ordinary course discover.
If you have purchased the property on an ‘as it is, where it is’ basis, meaning that the structure is taken in the same situation and condition then, it would mean that you have accepted the condition of the property and acquired the bungalow on the basis of its prevailing conditions.
You may revisit the terms of your agreement by which you acquired the bungalow. Whether you or your architect inspected the bungalow or not, there are always multiple visits for verifying the structure from the inside and out.
If you are unsatisfied with the condition of the property and if you have not taken any representation from the seller in respect thereof under the agreement, the obligation to carry out necessary repairs will be on you.
However, if the agreement does provide for the structural issues, then you may claim the amount from the seller by invoking the clauses under your agreement. In the absence of the aforesaid, the terms of the agreement will govern the understanding between the parties.
Aradhana Bhansali is a partner at Rajani Associates.
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