3 legal pitfalls when buying a home
When buying a home, a lot is discussed and considered. Yet afterwards, it often turns out that not everything was clearly documented.
What was visible during the viewing? What information was shared? And what was ultimately recorded? When this becomes unclear, it can later lead to disputes.
In this article, you’ll read about three legal pitfalls that commonly occur when buying a home, and how to avoid them.
Table of content
The 3 legal pitfalls at a glance:
Failing to properly fulfil your duty to investigate
As a buyer, you have a legal duty to investigate. This means you must actively assess the condition of the property and check for visible defects. In practice, this usually happens during the viewing, while walking through the home and forming first impressions.
If you want to read more about the duty to investigate, see this article.
What is often missing during a viewing is a structured way of assessing the property. Observations remain loose impressions, without context or proper documentation. As a result, it becomes difficult to determine afterwards what was actually investigated.
In practice, this lack of overview often occurs because:
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Key points are not written down
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Questions are asked, but the answers are not recorded
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Signals are noticed but not followed up
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There is no clear record of what was visible at the time
If a dispute later arises about a defect, the question becomes what you could reasonably have seen or investigated. Without documentation, it is difficult to show what information and signals were available at the time of purchase.
Relying on assumptions or verbal information
During the buying process, a lot of information is shared — during the viewing, by phone, by email, or in informal conversations. It often feels natural to trust this information, especially when communication is smooth and pleasant.
The risk is not in asking questions, but in how the answers are interpreted. General statements may sound reassuring, but remain vague in practice.
Common examples include:
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“There’s never been an issue with that.”
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“That problem has already been resolved.”
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“That’s normal for this type of home.”
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“You don’t need to worry about that.”
If information is not confirmed or documented, uncertainty can arise later about what was actually said or meant.
You can avoid this pitfall by handling information consciously, for example by:
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Asking for important statements to be confirmed in writing
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Asking follow-up questions when answers remain vague
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Distinguishing between facts and assumptions
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Recording what is known and what is not
This creates clarity during the process and helps prevent misunderstandings afterwards.
Having no proof of what was visible before the purchase
In many post-purchase issues, everything ultimately comes down to evidence. What was visible at the moment you bought the home?
Not all buyers have a clear answer to that. They often remember what they saw or discussed, but lack concrete documentation to support it.
This usually happens because nothing is structurally recorded during the buying process, for example because:
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Findings are not documented
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Listing photos are not saved
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There is no overview of attention points
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Conversations and explanations are not recorded
As a result, it becomes unclear afterwards what you could reasonably have known before purchasing the property.
By documenting what was visible in advance, clarity is created. You have a reference point: this was the condition of the home at that moment. This helps answer questions later and prevents everything from relying on memory or interpretation.
Legal issues when buying a home rarely arise from a single mistake. They usually result from small details that were not clearly documented throughout the process.
By observing deliberately, avoiding assumptions, and recording what is visible, you reduce the risk of disputes later on.
The three pitfalls discussed show how important preparation and overview are. The goal is clarity and confidence, so you can make a well-considered decision with peace of mind, especially for one of the biggest purchases you’ll ever make.