Homesellers can’t disclose issues if they don’t know about them

Q: We recently purchased a home in Houston. When we had the home inspected — twice — we asked about a crack in the ceiling and the inspector said it was just a general crack caused by weather and movement of the home.

We asked the previous owner in a text, and he said the crack happens about once a year and he has been repairing it for 10 years. We had a frame-repair contractor come out and he said the crack is from a problem with the attic construction. The main beam — the one everything connects to — lacks a support beam.

Because the former owner didn’t disclose the problem and the inspector passed it off as cosmetic, who should be held responsible? It will cost us between $5,000 and $7,000 to repair.

A: When it comes to seller disclosure, buyers have to understand some basic truths. Here’s one: The seller could disclose only what he knew to be true.

From your seller’s point of view, the crack was a cosmetic issue that he dealt with by repainting the spot. You did not tell us anything that shows the seller knew the problem went further, or that the inspector did.

We suggest you get a second opinion to verify whether the crack and support issue are critical or cosmetic. If the issue is cosmetic, you likely wouldn’t have a claim against the seller or inspector. If the issue is critical, we doubt the seller would be responsible — unless you can prove he hid it from you.

As far as the inspector’s liability is concerned, his level of expertise should be comparable to what most home inspectors have. It is unreasonable to expect any inspector to be able to see behind walls.

For more information, talk to an attorney with experience in seller-disclosure issues, but only after you’ve figured out if the issue is truly serious.