Maryland | Real Estate Law
Legal Question
I am looking to purchase a condo/townhouse but the unit under mine has some damage. It's currently unoccupied and bank-owned. There are 2 major problems:
1) There is some settling damage to the rear of the property. While it is currently limited to the lower unit, it could of course affect the top unit eventually.
2) The ground slopes toward the buildings and causes water to collect near the structure. We (myself and the inspector) were also able to peek inside the unit and it has some significant mold damage. It has also damaged the steps leading to both units. The ground needs to be fixed, the steps need to be repaired, and the mold needs to be removed before it finds its way up to the upper unit.
The condo association has claimed that neither the structural nor ground problems are in their realm of responsibility. I have not yet seen the condo docs because we're still over a month away from settlement, so I don't know what they say regarding this, and I don't know the law in MD regarding this. Is there a way I can force the condo association, or the owner of the lower unit, to fix problems that could have a direct impact on the house? Does it need to wait until I own it?


