Alabama has many positive attributes, especially in Huntsville Alabama. Huntsville boasts low crime, low unemployment and a very family friendly community. There is one Alabama law that can have a very negative impact on buyers.
A vast majority of states require a disclosure from sellers to reveal hidden problems to potential buyers. This gives those buyers the opportunity to evaluate the property fairly and make decisions directly on the facts at hand. In Alabama that is not the law. Alabama's law is "Buyer Beware". If the buyer doesn't discover problems the seller doesn't have to reveal them.
I was called today by a buyer I had been talking with over the last couple of months. They called to ask my opinion on a situation. I had explained to them a few weeks ago about how they had no representation if they didn't get a buyer's agent. They found a piece of property, called the agent from the sign and made an offer over last weekend. The buyers discovered there was an easement they didn't like after making the offer. This was neither disclosed by the seller nor was it written into the conditions of the offer. They cancelled their check before it was deposited. After hearing this story they told me the selling agent is also the owner of the property and the buyer proceeded to call her a few unflattering names.
This problem is a very common theme in Huntsville Al Real Estate. We cannot catch everything, but if a buyer enters into a contract with no representation, they will likely make greater mistakes. Alabama clearly tells the buyer "if you don't do your due diligence, it is your problem". There are so many things an average person isn't thinking about. The easement issue isn't specifically covered in the verbiage of the contract. So, if the buyer doesn't thoroughly review the deed, serious issues can slip through the cracks. These things do not have to be revealed and the buyer can be forced to buy a property even though they no longer want it.
I am ashamed of the position of our state. I personally tell my clients to require a seller disclosure statement. If a seller purposely doesn't disclose information they will lie on the disclosure statement. If you discover these things shortly after buying there could be some recourse for the buyer.
This article is provided by Bryan Pearl a Huntsville Alabama real estate agent with Keller Williams Realty.