Legal Question in Real Estate Law in Maryland
Property disclosure statement
Before I sold a house, I received a monetary compensation from a hardwood siding settlement agreement and repaired the damages . When I completed the property disclosure statement on 12/21/00 I answered ''no'' to the questions whether I have actual knowlege of any problems or defects relating to structual systems, including exterial walls based on my understanding and interpritation of the questions. A buyer appraised and did a home inspection and was thrilled to buy it. Two years later after a buyer initially replaced all of the siding with capping, covering the rim boards and other repairs, he demanded me to pay the full cost of replacement with a allegation that I had full knowledge of structual damages and defective material at the time of the sale. The cost is almost three times greater than the compensation I received. I am summoned to appear for trial. I live in a different state now.
3 Answers from Attorneys
Re: Property disclosure statement
What state are you in? What type of deed did you use? Grant deed? Quit Claim? What contractual assurances did you give?
Re: Property disclosure statement
I'm assuming the property is in Maryland, where I practice. The law here, as in most states, is that the seller is not liable for defects discovered after the transaction is completed unless he essentially covered up known defects in the property that the purchaser could not reasonably have been expected to discover via a pre-settlement inspection.
From the facts you present, since you made an effort to repair the problem, you were justified in reporting no known damage at the time you completed the disclosure report. Thus you have good defenses to the suit that has been brought against you. But you can't ignore this suit just because you're now living in California. If you don't contest the suit, the plaintiff will get a default judgment against you and then send it to an attorney in CA to locate and attach assets in order to satisfy the judgment. You need to defend the suit in MD on its merits to avoid this from taking place. Let me know if I can be of assistance.
Robert Sher
301 986-4555
Re: Property disclosure statement
You need to directly contact an attorney to review the lawsuit/etc. Important also to know amount in controversy.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
