What legal right does a purchaser have if they discover a serious defect in their new home after the sale?

The correct answer is that the purchaser has the right to rescind the sale. Rescission is a legal remedy that allows a party to cancel a contract and return to their position prior to the agreement. In the context of real estate, if a serious defect is discovered after the sale, the purchaser may have grounds to rescind the sale, especially if the seller failed to disclose known defects or if the defect significantly impacts the value or safety of the home.

This right is based on principles of contract law and consumer protection, as purchasers rely on the seller's representations about the property. If serious defects are uncovered that compromise the agreement, rescission allows the buyer to nullify the transaction entirely, thereby protecting their interests.

While suing the seller may also be an option in certain circumstances, it typically involves proving wrongdoing or negligence, which can be a lengthier and more complex process. Returning the home for a full refund might not be legally supported unless a specific agreement or warranty provides for that. Similarly, requesting new repairs could provide a temporary resolution but does not address the fundamental issue of the serious defect that may warrant rescission of the contract.