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There are penalties depending on the state, the defect, and if known to the seller. The link below includes reference to such in Virginia - a "buyer beware" state (which would make you think sellers have a free ride).

https://moghullaw.com/blog/2020/07/buyer-beware-buying-real-estate-in-virginia/

“There is no penalty for a seller not disclosing defects. None.”

There is legal recourse. And if the agent was in cahoots, they could loose their license.

There is no penalty for a seller not disclosing defects. None.

Freepers: Don't take legal advice from anonymous sources on the internet. (Yes, I see the contradiction.)

Especially from Florida Man.

Texas Law requires many disclosures when residential property is sold, and damages, interest and attorneys' fees may be recovered if the seller fibs.

Sec. 5.008. SELLER'S DISCLOSURE OF PROPERTY CONDITION; Sec. 5.010. NOTICE OF ADDITIONAL TAX LIABILITY; Sec. 5.011. SELLER'S DISCLOSURE REGARDING POTENTIAL ANNEXATION; Sec. 5.012. NOTICE OF OBLIGATIONS RELATED TO MEMBERSHIP IN PROPERTY OWNERS' ASSOCIATION; Sec. 5.013. SELLER'S DISCLOSURE OF LOCATION OF CONDITIONS UNDER SURFACE OF UNIMPROVED REAL PROPERTY; Sec. 5.014. NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT; Sec. 5.0141. NOTICE REQUIRED BEFORE CONTRACT EXECUTION; Sec. 5.0142. PURCHASER SIGNATURE REQUIRED; Sec. 5.0145. SUITS FOR DAMAGES;