Legal Question in Real Estate Law in Maryland

My husband and I are buying a home. We had the mechanical inspection and the seller, who buys renovates and sells homes for a living, agreed to make the requested repairs. However, he is asking and our real estate agent is urging us to sign an agreement at settlement saying "All parties agree that the listed home inspection repair items are complete. No further requests for repairs will be made of the seller.� Our agent says that this is just to make the seller feel better b/c the seller is not responsible for repairs after sale anyway, plus he providing a home warranty. I am concerned about signing anything that might diminish or eliminate any remedy we might have if the repairs are done poorly, must be redone, caused other damage, etc. I guess I am wondering if signing such a statement could have unintended legal consequences, potentially, for my husband and I? Should we sign it? Thanks!


Asked on 11/02/11, 4:34 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Absolutely not. You put your finger on it--what if the work was shoddy and must be redone? In addition, if you discover another problem that could not be detected by your inspector, and which you can establish the seller knew or should have known about, he can be held responsible. This is called a latent defect. Only if you can be assured that the warranty he is providing will protect you for these potential problems should you take this risk. Usually these warranties except problems that are known at the time of purchase. At the least, the seller should guarantee that the items he is repairing as part of the deal will be done properly. Too often, sellers in these situations cut corners to get to settlement.

Read more
Answered on 11/03/11, 6:38 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland