By Anthony I. Shin, Esq. | Civil Litigation | Shin Law Office
What Every Herndon Business Owner Needs to Know About Hidden Property Defects
I’ve worked with numerous business owners and commercial property buyers in Herndon, and one thing I hear frequently is, “I wish I’d known about this before closing.”
You walk through the property.
Everything looks fine.
The paperwork checks out.
But then, weeks or months after you’ve signed the deal, the real problems start to emerge.
Maybe there’s water leaking behind a wall.
Or a cracked foundation that wasn’t visible.
Or the HVAC system gives out during the first heat wave.
You didn’t cause these issues, but now, they’re your responsibility.
That’s what we call a latent defect, a hidden issue that existed before the sale but wasn’t apparent at the time.
And in many cases, it wasn’t disclosed.
That’s where I come in.
What Counts as a Latent Defect in Commercial Real Estate?
Latent defects are problems that a buyer couldn’t reasonably discover before purchase. They often include:
- Structural cracks or foundation shifts
- Hidden water damage or mold
- Failing mechanical systems (HVAC, plumbing, electrical)
- Code violations behind finished walls
- Environmental hazards were not disclosed
In Herndon, where many older commercial buildings are being rapidly flipped or leased, these problems are more common than most buyers realize.
The Safety System Looked Fine, Until It Didn’t
Let me be honest with you, some of the worst hidden issues I’ve seen in Herndon commercial properties have nothing to do with cracks or leaks.
They’re the life safety systems.
Fire alarms, communicators, security panels.
The stuff you hope you never need but count on to work when you do.
I’ve had clients call me after buying a building, only to find out:
- The fire alarm wasn’t even connected to a live monitoring station.
- The building missed annual Test & Inspect reports for years.
- The alarm communicator code failed, and no one noticed.
- The Fire Marshal had already flagged problems, but the seller never mentioned it.
- The security system didn’t meet insurance standards, and now their premiums have skyrocketed.
And here’s the thing: none of that showed up during the basic walkthrough.
If you’ve just bought a property and you’re finding these kinds of surprises, you may have a case, especially if the seller or developer knew and didn’t tell you.
I’ll help you get to the bottom of it and figure out what’s legally possible, whether that means fixing the problem, recovering costs, or both.
These aren’t just Fairfax County fire code violations.
They’re real liabilities. If something goes wrong and that system fails, the fallout can be massive.
Who’s Legally Responsible?
That depends on what the contract says—and what the seller knew.
In Virginia, if a seller knew about a serious issue and failed to disclose it, you may have grounds to sue.
The same applies to a developer who conceals defects or an inspector who misses something obvious.
As your attorney, I can help investigate:
- What was known and when
- What should’ve been disclosed under Virginia law
- Whether the defect materially impacts the property’s value or use
- If the issue can be traced to builder negligence or bad workmanship
How I Help Commercial Property Owners
These cases aren’t simple, but I’ve helped buyers in Herndon and across Fairfax County take action.
When you bring me in, I:
- Review contracts and disclosures
- Coordinate with licensed inspectors and engineers
- File breach of contract or fraud claims, if appropriate
- Negotiate for repairs, refunds, or damages
- Represent you in court if it comes to litigation
Whether it’s a shopping center, office park, or mixed-use space, your property is a significant investment.
And you shouldn’t be the one left holding the bag when someone else cuts corners.
Final Thoughts
If you’re buying commercial property in Herndon, I strongly recommend having contracts reviewed and conducting a thorough inspection before closing.
But if you already own the property and just discovered a defect that wasn’t disclosed, you still have legal options.
Let’s sit down, review what happened, and determine the best course of action.
The sooner you act, the stronger your case.
Call Shin Law Office at 571-445-6565 or book online today!
— Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office
