Legal Question in Real Estate Law in Maryland

infestation disclosure on property sale

i bought a home last year and have encountered 25-30 snakes in the home and along the perimeter of the structure. I understand from experts that these snakes have been in the house for a long time. Their is evidence of patching to keep the snakes out. However, previous owner has denied knowledge of snake problem. This is the short version of the story but does this type of situation warrent any action. We are at the point where we want to sell the house but I don't see how we would be able to.

Thank you


Asked on 10/05/06, 11:09 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: infestation disclosure on property sale

If there is evidence that the sellers were aware of the snake problem and failed to disclose it, and that you were unable to discover the problem through your inspection of the property before the transfer of ownership, you would have a claim for fraud or negligent misrepresentation. If there is a remedy that would permanently exclude the snakes, your damages would be the cost of that remedy. If this is an unsolvable problem, you might be entitled to either rescind the transaction or at least damages reflecting the diminished value of the property.

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Answered on 10/05/06, 11:31 am


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