Legal Question in Real Estate Law in Maryland

Non-Disclosure/Unproperly Listed

Me and my husband purchased a home a year ago which was listed as having public sewage and water and we recently found out because of some problems that came about that we actually have a septic tank. We did have our home inspected before our purchase, but there was no way of us knowing the home was on septic and now the septic/water is not working properly. Please assist us with finding out if the seller should be held responsible for the repair/replacement of the defective septic/water system.


Asked on 12/20/06, 9:54 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Non-Disclosure/Unproperly Listed

If your home was in the realtor's multiple listing service when you bought it, the listing should have correctly noted whether it was septic or sewer. Also, the home disclosures should have contained the correct information. If these disclosures were incorrect, and your home inspector could not have determined the correct status, you may have a claim. However, given the length of time that has passed since you bought the property, it may be difficult to prove that the sellers knew that there was a problem with the septic tank, or when the problem first arose. You'll have to rely on whoever you hire to inspect and repair the system to determine that.

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Answered on 12/26/06, 11:34 am


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