Legal Question in Real Estate Law in Maryland
Leaking Tub After moving in 3days
I went to settlement on my new home 9-20-00. I moved in on 9-22-00. i went to take a bath on 9-24 and the tube leaked through the light fiixtures in my dinning room. I contacted the agent that sold me the home and she told me to contact the home warrnty company. The plumber came out and changed the overflow gasket on 9-29.I took a bath again on 10-1 and the tub leaked again into the dinning area. I called the plumber back on 10-2 he return. There had been non- slip tape in the tub prior to my moving in . I felt it when I cleaned the tub after moving in.When the plumber came back he told my boyfriend to run the water in the tub. after that my boyfriend lend over into the tub and the water went through the ceiling again. It was then that the plumber removed the non- slip tape and discovered the crack. The crack is not listed on any of the forms from the seller nor was it discovered in the home inspection. the seller says that she is not going to pay for the repairs or replacement of the tub. Can I take her to small cliams court. The repairs are estimated to be from $2800 to $3500.
1 Answer from Attorneys
Re: Leaking Tub After moving in 3days
It sounds to me as if the sellers intentionally concealed a defect that was known to them. You would certainly have a cause of action if that were the case. I should note that in Maryland the small claims division of the district court has a maximum jurisdiction of $2,500.00. You may bring suit in the district court for amounts up to $25,000.00. However, anything over $2,500 will not be a small claim. The benefit to small claim treatment of a case is that the rules of evidence and procedure are not strictly applied so that laypersons can try their own cases w/o need for attorneys. If you go over $2,500 then all of the technical rules apply -- if your opposition is represented by counsel in a case over $2,500, you will have a tough time making your case.
Feel free to give me a call if you want to chat for a quick minute or two about your options.
Lawrence R. Holzman, Esquire
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770
(301) 220-2200
fax (301) 220-1214
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
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