Under modern trends, what is required of sellers regarding material defects?

The requirement that sellers disclose material defects not discoverable by a reasonable buyer is rooted in the principle of fairness and transparency within real estate transactions. In many jurisdictions, the law mandates that sellers must inform potential buyers about significant issues that could affect the property's value or livability, especially those that are not obvious or easily identified during a standard inspection.

Material defects refer to problems that may not be visible or readily apparent to someone conducting a typical inspection of the property. For example, issues like structural damage, plumbing problems, or mold hidden behind walls or under floors fall into this category. Buyers have a right to know about such defects, as they can incur significant costs to address these issues after the sale.

Requiring sellers to disclose these defects helps ensure that buyers can make informed decisions and promotes ethical dealings in real estate transactions. This disclosure duty seeks to prevent fraud and misrepresentation, fostering trust between buyers and sellers.

While some alternatives suggest that sellers can remain silent or only need to disclose visible damage, these approaches would leave buyers vulnerable to unforeseen and potentially costly problems that could affect their investment and living conditions. Thus, the expectation for sellers to disclose material defects not discoverable by a reasonable buyer aligns with the modern trend toward greater transparency and consumer protection in real