Selling a home should be a fresh start — but for one Texas homeowner, the past came back with a six-figure demand.
Shortly after closing, the seller was hit with a $250,000 demand from the buyer, who claimed the seller failed to disclose a structural crack in the swimming pool. This wasn’t a friendly phone call or a casual complaint — it came in the form of a formal lawsuit, with a demand letter drafted by the buyer’s attorney.
The seller was named personally in the suit. The letter alleged the seller was aware of the damage and intentionally failed to disclose it.
While a crack in the pool may sound like a repair issue, the legal claim centered on something much more serious: intentional nondisclosure. The buyer alleged that the seller was aware of the crack and chose not to disclose it — a claim that, in Texas, falls under the Deceptive Trade Practices Act (DTPA).
Under the DTPA, buyers can sue for damages if they believe a seller misrepresented or failed to disclose material facts. And if the buyer can convince the court the seller acted “knowingly,” the damages can be tripled — plus attorney fees.
Even if the claim is untrue or exaggerated, defending yourself in court is expensive. Legal fees alone can cost tens of thousands of dollars. And for sellers who aren’t covered, it means hiring a lawyer out of pocket just to prove they did nothing wrong.
Fortunately, this seller had taken a critical step before listing their home: they purchased Home Sale Legal Protection from Sellers Shield, including:
As soon as the claim was reported, Sellers Shield hired the seller a local, experienced real estate attorney to take on the case. That attorney is now actively defending the seller, and Sellers Shield is covering the legal fees — up to the full amount of the seller’s policy.
The case is ongoing, but the seller doesn’t have to face it alone. And they’re not writing checks to lawyers every step of the way. That’s the power of Home Sale Legal Protection.
Interestingly, this claim comes at a time when concrete cancer is emerging as a widespread issue across Central Texas — especially in recently built pools. Also known as alkali-silica reaction (ASR), concrete cancer is a chemical process that causes concrete to crack and deteriorate from the inside out. It’s often triggered when moisture seeps into concrete and corrodes the steel reinforcements within, causing expansion and structural damage.
Many of the pools built between 2017 and 2023 — during the regional construction boom — are now showing signs of this problem. In fact, hundreds of pool owners in Central Texas have recently filed lawsuits against builders, citing concrete cancer-related defects.
For sellers, this means it’s more important than ever to inspect their property carefully and disclose any known issues — especially when it comes to pools. Cracks that seem cosmetic may point to deeper problems, and failure to disclose even small concerns could expose sellers to serious legal liability.
That’s why we created the Gold Standard Disclosure Process — to make sure sellers disclose thoroughly, accurately, and confidently. Instead of handing over a confusing paper or PDF form, agents using Sellers Shield can provide their clients with an easy-to-use, guided online experience. The platform includes examples, definitions, expert tips, and even flags skipped questions to reduce mistakes and oversights. It’s built to protect both the seller and the agent — and to dramatically reduce the risk of legal claims after closing.
While it’s easy to think of claims like this as rare, post-sale legal disputes are becoming more common — particularly in hot markets where homes move fast and inspections are sometimes skipped.
When things go wrong later, the seller becomes the easiest target. And even if the claim is completely unfounded, sellers still have to defend themselves — at their own expense — unless they’re protected.
As an agent, these situations can be just as stressful for you:
That’s why it’s so important to offer your sellers tools that go beyond the transaction — tools like the Gold Standard Disclosure Process and Home Sale Legal Protection.
This cracked pool could have easily turned into a financial disaster. But because the seller purchased protection, they have expert legal support on their side — and peace of mind that they’re not navigating this alone.
As real estate continues to evolve, protecting your sellers isn’t just a bonus — it’s a necessity. And Sellers Shield is here to make that protection easy, accessible, and powerful.
Agents who use Sellers Shield give their sellers the best tools to disclose properly and protect themselves from costly claims.
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