Legal Question in Real Estate Law in Maryland

I recently bought a house and discovered after the fact that it has massive damage that the seller concealed. I am planning to sue the seller, but a lawsuit is never a sure thing and if the lawsuit is not successful I will be facing repair bills that could total a third to half what the house cost. I could afford to make the repairs but it would disrupt my finances for years and I would be stuck with a house that I had invested far more in than it's worth. Is there any way out of this situation- other than a successful lawsuit- without losing a tremendous amount of money?

Thank you.


Asked on 3/31/13, 6:09 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Lawsuits of this nature are difficult, because you have to prove that the concealed defect was what is legally termed "latent", meaning you could not have discovered it prior to the transfer of title through the inspection process. You also have to be able to prove that the seller was aware or should have been aware of the defect and consciously concealed it. For example, if there were obvious water stains on the basement walls, and you ignored them in your inspection of the property, you do so at your own risk. My experience in these situations is that the seller claims he/she had no knowledge of the defect and never had a problem with it. Before even confronting the seller, you should have a contractor experienced in the particular nature of this defect to inspect the property to determine if its origin can be traced to the prior ownership and that it was truly undiscoverable by someone without knowledge of it. Ideally you want someone who is willing to testify in court and has good communication skills. I don't see another remedy unless you can persuade the seller to take responsibility for the repairs, which I suspect is highly unlikely.

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Answered on 3/31/13, 6:27 am


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