Buying a home is one of the most significant investments most people ever make. When sellers fail to disclose known defects, it can lead to costly repairs, unexpected safety issues, and stressful disputes. Rhode Island law provides important protections for buyers — and clear responsibilities for sellers — when it comes to disclosing property conditions. Understanding these rules can help you take action if you discover hidden problems after closing. At Tomassi Law, LLC, we assist the Warwick community with navigating real estate disclosure disputes.

Rhode Island’s Seller Disclosure Requirements

Rhode Island law requires sellers of residential real estate to provide buyers with a written disclosure form identifying any known defects or problems with the property. This includes issues such as:

• Structural damage
• Roof leaks or water intrusion
• Electrical or plumbing malfunctions
• Septic or sewer problems
• Pest infestations
• Environmental hazards
• Past flooding, mold, or foundation problems

The disclosure form must be completed honestly and delivered before a purchase and sale agreement is executed.

Importantly, sellers are only obligated to disclose known issues. They are not required to conduct inspections, but they must not hide or misrepresent problems they are aware of.

What if a Seller Fails to Disclose a Defect?

When a seller knowingly conceals or fails to disclose a defect, Rhode Island buyers have several legal options.

1. Breach of Contract

The disclosure form becomes part of the sale agreement. If the seller lies or omits material information, the buyer may sue for breach of contract.

2. Fraud or Misrepresentation

If the seller intentionally hid or misrepresented a defect, the buyer may pursue a fraud claim. This may allow for recovery of damages, and in some cases, additional compensation.

3. Rescission of the Sale

In severe cases, the buyer may seek to undo the sale entirely. Rescission returns both parties to their pre-sale positions, though it is typically reserved for major or dangerous undisclosed defects.

4. Repair Costs and Monetary Damages

Buyers may be entitled to recover the costs of repairs, reduction in property value, or other financial losses caused by the undisclosed issue.

How to Prove an Undisclosed Defect Claim

To take legal action, a buyer usually must show:

• The defect existed before closing
• The seller knew about the issue
• The issue was not disclosed
• The buyer relied on the disclosure form when purchasing
• The defect caused financial harm

Evidence may come from inspection reports, contractor evaluations, past repair records, or communication from the seller.

Steps to Take If You Discover a Hidden Defect

If you find a serious issue with your new home, consider:

1. Documenting the Problem – Photos, videos, and repair estimates provide essential proof.
2. Reviewing the Disclosure Form – Compare what was disclosed with what you discovered.
3. Consulting a Real Estate Attorney – An attorney can evaluate your claim and help pursue compensation.

Tomassi Law, LLC is available to provide guidance and advocate for Warwick-area homeowners facing these disputes.

Conclusion

Undisclosed property defects can create expensive and overwhelming challenges for Rhode Island homebuyers. Fortunately, state law gives buyers clear rights and avenues for compensation. Taking action early can help protect your investment and ensure accountability.