law

Caveat Emptor in Alabama

Alabama still applies 'let the buyer beware' to sales of used (previously occupied) homes and has no statute requiring a seller property condition disclosure form. Courts recognize exceptions such as a fiduciary relationship, a direct inquiry answered falsely, known health or safety defects not discoverable by reasonable inspection, and active concealment. The doctrine protects sellers only; under §34-27-36(b)(3), licensees must disclose known significant defects, including latent structural defects.