Legal Question in Real Estate Law in Maryland

We bought a home almost 2 years ago when I was 7 months pregnant. It was built in 1925. We specifically asked the home inspector specifically if the insulation on the old boiler pipes was asbestos and he said no. There are even pictures of it in the report, as it's an open ceiling in the basement. Turns out they are. We also paid extra for him to test for lead paint that was exposed, he couldn't find and. Turns out the main window to the house was covered in it. Neither is noted in the report. It seems to me like he did a negligent job, are there legal ramifications for this? We would not have purchased the home knowing it had asbestos.


Asked on 7/27/15, 6:36 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

With respect to the home inspector, while it appears that he was totally negligent in not discovering the conditions you mentioned, the inspection agreement you signed most likely has a limitation of liability clause that protects him from anything beyond reimbursement of his fee. If you still have it with your settlement papers, take a look.

That said, if he has errors and omissions coverage, it might be worthwhile to file a claim and see if you can get coverage for replacing the asbestos and removing the paint. These are common conditions for homes from that era.

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Answered on 7/28/15, 8:58 am


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