Legal Question in Real Estate Law in Maryland
Background: A buyer put a contact on a home with a home inspection contingency and it was accepted. The buyer�s home inspector found mold in the basement. The buyer did not ask for a mold inspection in the original contract. Can the buyer now ask the sellers for a mold inspection, and who is responsible for the mold abetment? The contract was written on the MAR, Anne Arundel County Maryland. Thank you.
1 Answer from Attorneys
If the contract's home inspection contingency clause is the "general inspection" version, then the buyer can either 1) timely withdraw, or 2) ask the seller to agree to a further mold inspection and an extension of the contingency deadline pending the mold inspection. If the seller declines 2), they the buyer withdraws. If the clause was the "specific inspection" version, usually limited to structural and mechanical defects, then the buyer may be stuck unless the seller agrees to the mold inspection.
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