Legal Question in Real Estate Law in Maryland
bought house as-is but owner knew of severe electrical & water problems
What recourse do I have against, seller and/or real estate agent. Purchase a housie with several contingencies in the contract. property so as-if but the seller knew of a life-threatening and hazardous electrical problem and an ongoing water problem that resulted in the basement flooding, and an entire water line main being replaced.
1 Answer from Attorneys
Re: bought house as-is but owner knew of severe electrical & water problems
If the owner knew of and deliberately concealed a defect that you could not reasonably have been expected to discover in an inspection of the property, he can be held liable for the cost of repair. It is often difficult to prove that the former owner was aware of the defect, even if you can determine that it must have existed prior to the transfer of title. In a basement flooding situation, there will be an issue of whether there were sufficient indicia of that condition (damp odors, water stains, etc) that would have brought the problem to your attention on inspection. However, if he specifically denied that such a condition existed during the sales process (as opposed to simply not affirmatively revealing it), you would have a stronger case.
As for the agent, it's a more difficult case because the agent is obviously less familiar with the property than the owner, and can't be held responsible for the owner's fraudulent conduct if he/she was unaware of it.