Legal Question in Real Estate Law in Maryland
Non-Disclosure on real estate purchase
What recourse is available to a home buyer when it becomes apparent that a problem that was addressed on the contract, prior to settlement, was covered up in order to go to settlement? The problem was a leaking underground fuel oil tank which after further investigation upon moving in, found the block foundation of the house as well as the concrete floor of the basement family room saturated with fuel oil. Saturated to the extent that a concrete sealer applied to it will not even dry.
1 Answer from Attorneys
Re: Non-Disclosure on real estate purchase
What you have described is what is known as a "latent" defect. This is a defective condition in the property which the seller knowingly conceals, and which you could not reasonably discover during a pre-settlement inspection of the property.
If you meet these conditions, you can sue the seller (and their broker, if they were in on it) for the cost of rectifying the problem, or if you prefer, to rescind the purchase and recover any expenses you incurred. If you need any further information, you can telephone me at 301 986-4555 or e-mail me at [email protected]
Robert Sher
Wagshal and Sher
5530 Wisconsin Ave-Suite 1200
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