Legal Question in Real Estate Law in Maryland
Land area in listing and tax database not correct--found out after purchase
I just purchased a home in Baltimore City. The listing for the home stated that it was on .14 acres. The tax record states that it is 50-9x125 feet/6342 square feet.
When I looked at the house I knew the lot had a somewhat irregular shape (it is a corner lot and the cross streets do not meet at 90 degrees) but I had no reason to doubt the stated land area. At settlement I received the deed and location drawing. These documents had the lot dimensions but I did not take the time to calculate the area from the dimensions, as there was so much else going on.
According to the deed and location drawing, the lot is actually 50.72 by 123.23 by 29.66 by 125 feet, with the 123 foot side meeting the two shorter sides at right angles. This is about 4952 square feet or .11 acres.
This difference is significant and I might have offered less $$ for the home had I known this. I am a gardener and the additional land would have allowed me to grow more vegetables for myself. Also, the tax assessment for land is the same as my neighbors who do actually have the .14 acres.
Do I have any recourse against the sellers/real estate agents? Is there any way to get the city to reduce my tax assessment?
Thank you.
1 Answer from Attorneys
Re: Land area in listing and tax database not correct--found out after purchase
You might have a right to rescind the transaction based on a mutual mistake of fact, if indeed the lot is smaller than advertised. I don't think you have any claim against the realtor--they rely on the information provided by the seller. However, the other problem is you went to settlement after your survey revealed the discrepancy, so the seller might argue that you waived any claim based on this issue. If you can persuade the tax assessor that the property is smaller than as shown in their records, you might be able to get a more favorable assessment.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
