Legal Question in Real Estate Law in Maryland

I bought a condo unit in May. Before I bought, I searched information about the property's title history and found at some point, the property was transferred from and to the same person with 0 consideration. I was afraid there would be death happened in the owner's family. So I gave the seller's agent a call asking about this. The seller's agent did not give me a clear answer and simply told me the seller had a mother who died at 80s. I thought it would be natural for a person to die at that age. But right before the closing, the seller told me her husband passed away. I asked how her husband died, she refused to tell me. I thought it may not be proper to ask too personal question and I had already signed a purchase agreement and it's too late to withdraw. I wonder why before the closing the seller volunteerly told me about her husband's death. I am guessing the seller's agent had the knowlege about her husband's death while I asked her about seller's family situation, but tried to hide the fact and later was afraid that I would find out, so she encouraged the seller to tell me the truth right before the closing. That did not give me enough time to think about it. It's seems to me that the seller and her agent plotted this. This has been bothering me everyday. Can I sue the agent?


Asked on 11/17/10, 9:33 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Your only concern as the purchaser is whether you receive clear title to the property. A title search conducted by the settlement attorney would determine this, and you could have and should have purchased owner's title insurance to protect your title. If you financed the property, you were required to purchased title insurance for the lender, and you hopefully purchased a combined owner/lender policy at that time. It may be that the property was once owned by the seller and her husband, and when he died she became sole surviving owner. Although it was unnecessary, she may have had a new deed issued in her name alone after that.

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Answered on 11/23/10, 10:08 am


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