Legal Question in Real Estate Law in Maryland
Problems with work they did bofore sale
My husband and I bought a house in Aug 2001. The owner's son was to install an new counter top in the kitchen. this was not done on walk thur but he signed a piece of paper saying it would be. Our problem is that is was done but now the whole thing is fall apart after almost three years pieces of it are or have fallen off the sink is literally falling thur the counter top. Has the statue of limitation run out for us to do something or are we stuck.
1 Answer from Attorneys
Re: Problems with work they did bofore sale
The first issue raised by your question is whether you have a valid, enforceable contract. If the original contract required the seller to install the new countertop as part of the transaction, this isn't a problem. The seller's installation of an apparently defective countertop is a breach of that contract, and you would have 3 years from when you discovered the defect to take legal action.
If the countertop installation only came up after your walk through, then the issue is whether the promise to install by the son became part of the overall contract, or was something he agreed to do as an extra, without any extra consideration on your part. If that's the case, it may not be enforceable.
I suggest you have the repair done and then file a small claims action against the seller if you can find him.