Legal Question in Real Estate Law in Maryland

Occupancy Permits

Four days before my settlement date, the builder of our home said that they could not get an occupancy permit from the county. They stated that the county had stipulations of how homes made near villages greens had to be constructed. Because of a law that was written sometime ago was misunderstood, our builder has been receiving temporary occupancy permits until this issue is settled.But they will not give us a temp permit. Several other builders in the development have been faced with the same issues, but they have fixed the homes for their buyers free of charge. But our builder refuses to correct the problems opting to try to settle with the county another way. What I want to know is as a buyer am I obligated to agree to changes done to my home that are different from my contract. And has a precident been set by the other builders to correct the problems.


Asked on 3/09/05, 11:02 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Occupancy Permits

You are not obligated to changes in your contract. The contract should specify that the builder is obligated to deliver a home fit for occupancy. The builder was obviously well aware of the problem and it's his responsibility to deliver the property per the contract. If changes have to be made in order to obtain an occupancy permit, the builder should do them at its expense.

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Answered on 3/21/05, 3:59 pm


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