Legal Question in Real Estate Law in Maryland

purchase of a home

If the seller has failed to disclose or misrepresented an aspect of the home (servious roof leaks) do you have any recourse. The signing was only on 8/26/08.

Asked on 8/28/08, 6:30 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: purchase of a home

The seller is responsible for disclosing known defects unless they are readily discoverable by the buyer. In the case of a leaky roof, you would need evidence that the seller knew about it during the sales process, which is hard, since they will probably deny any such knowledge. If there are water stains or signs of wet drywall in the leak area, that might prove that the leak had existed long enough for the seller to know about it, but also could be something that a home inspector would or should have discovered if one was conducted. Still, if such evidence exists, and the house was occupied until settlement, you should make a claim against the seller.

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Answered on 9/03/08, 12:04 pm

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