Duty To Disclose “Non-Discoverable” Defects Before Selling Your Condo

There is a duty to disclose “non-discoverable” defects in an old condo unit. If you’re planning to sell real estate with defects that you know about (such as recurring water damage), it is unlawful to fix the defects just for the purpose of sale and fail to disclose the recurring damage to the potential buyer. Such actions may be construed as “active concealment,” and subject you to liability for misrepresentation and fraud.