If a seller did not disclose a defect but did not lie, and the buyer could have discovered it during an inspection, will the seller still be liable?

In real estate transactions, disclosure laws require sellers to inform potential buyers of any material defects in the property. However, if a seller does not disclose a defect but has not actively misrepresented it or lied about it, their liability may be affected by the buyer’s ability to discover the defect during a standard inspection.

In this scenario, if the buyer had a reasonable opportunity to uncover the defect through an inspection, the seller is generally not held liable. This is based on the principle that buyers have a responsibility to perform due diligence before completing a purchase. When buyers skip or inadequately conduct inspections, they assume some risk regarding defects that could be surfaced during such inspections.

Additionally, the context of what constitutes a “material defect” is significant; these are usually issues that could influence a buyer’s decision to purchase the property. If the buyer fails to identify a defect that they should reasonably have noticed during an inspection, it lessens the seller's obligation to disclose that defect.

In summary, the seller will not be held liable in this case because the buyer had the means to discover the defect, thereby shifting responsibility for diligence onto them.