Who is liable when a buyer discovers a structural defect after closing on a property sold by an FSBO seller?

In the scenario where a buyer discovers a structural defect after closing on a property sold by a For Sale By Owner (FSBO) seller, liability can indeed be shared. The FSBO seller is generally responsible for disclosing known defects and maintaining the property in a condition that meets legal standards. They have an obligation to the buyer to be transparent about the property's condition. If a defect is discovered that the seller was aware of and failed to disclose, they could be held liable for any resulting damages or repair costs.

On the other hand, if there is an agent involved (in this case, Agent M), the liability might extend to them as well. Real estate agents have a duty to their clients and are often expected to conduct due diligence regarding the properties they are involved with. If Agent M acted negligently in their dealings with the buyer or seller or failed to perform adequate inspections, they could also share liability, especially if their actions or lack thereof contributed to the buyer's discovery of the defect.

Thus, when both the FSBO seller and Agent M may have had roles in the transaction—whether through non-disclosure by the seller or negligence by the agent both parties can be held responsible for the structural defects discovered after closing. This shared liability illustrates the