Legal Question in Real Estate Law in Maryland

Home Inspection items to be fixed before settlement

Before settling on my home, I requested that several items brought up in the home inspection be fixed by a licensed contractor, with receipts given to me as proof of work done. On the final walk-through, I spot-checked several of the repairs and all seemed to be in order. Shortly after I moved in, one of the windows that wouldn't open properly pre-sale (and was asked to be fixed) again was very difficult to open. The contractor's receipt stated that all work was guaranteed for two years. Several attempts to contact the contractor were unsuccessful. Now the window in leaking water. I finally reached the contractor, who stated that he never touched the window; the previous homeowner fixed it. The contractor's invoice states that the window was fixed; he claims that he brought the invoice with him already filled out, and the previous homeowner told him the window was already fixed. Since the window-fixing was not crossed off of the invoice, can the contractor still be held liable for repairing my leaky window? Is the previous homeowner responsible, since I asked for a licensed contractor to perform all repairs and apparently this didn't happen? I just want my window fixed...

Asked on 7/14/09, 3:35 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher
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Re: Home Inspection items to be fixed before settlement

I believe either can be held responsible. If the contractor won't agree to fix the window and bill the seller,you should contact the seller and see if he will take responsibility. If not, you will have to get the window fixed and then bring a small claims action against the seller.

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7/14/09, 3:56 pm

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