Caveat Emptor

Alabama is Different than most other States…. I can’t say for sure but based on my research, the only states that are still caveat emptor states are Virginia, Arkansas, and Alabama. When a person buys real estate in these three states, they need to fully understand it is their responsibility to make sure they know what they’re getting, that it’s in good condition and works properly. When the buyer does his due diligence to have the property inspected, their legal rights remain in place after closing should some latent structural defect appear. If a buyer elects not to have the proper inspection done, closes on the transaction and then a latent structural defect appears and the buyer sues for damages; numerous Supreme Court cases have ruled in favor of the seller and stated caveat emptor; the buyer is responsibility to inspect the property prior to purchase.

Caveat Emptor is the law in Alabama…..
The Alabama Supreme Court has held caveat emptor to be the law in a consistent line of cases. Everyone should be on notice that there is no warranty which comes with the sale of a used home.
Real estate agents were taught when completing their educational requirements to get their license that caveat emptor is a Latin term (kaevi:a:t emptor) for “Let the buyer beware.” Generally, caveat emptor is the property law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods. Under the principles of caveat emptor, the buyer cannot recover damages from the seller for defects on a property that rendered the property unfit for ordinary purposes. The only exception is if the seller actively concealed latent defects (hidden defects that are apt to surface later) or otherwise made material misrepresentations amounting to fraud. Even this exception is difficult to prove and I’ll say more about that later in this article.