Legal Question in Real Estate Law in Maryland
I am looking to purchase a condo/townhouse but the unit under mine has some damage. It's currently unoccupied and bank-owned. There are 2 major problems:
1) There is some settling damage to the rear of the property. While it is currently limited to the lower unit, it could of course affect the top unit eventually.
2) The ground slopes toward the buildings and causes water to collect near the structure. We (myself and the inspector) were also able to peek inside the unit and it has some significant mold damage. It has also damaged the steps leading to both units. The ground needs to be fixed, the steps need to be repaired, and the mold needs to be removed before it finds its way up to the upper unit.
The condo association has claimed that neither the structural nor ground problems are in their realm of responsibility. I have not yet seen the condo docs because we're still over a month away from settlement, so I don't know what they say regarding this, and I don't know the law in MD regarding this. Is there a way I can force the condo association, or the owner of the lower unit, to fix problems that could have a direct impact on the house? Does it need to wait until I own it?
2 Answers from Attorneys
There's a few things you need to know that may help you and then I'm going to give you the best advice you've ever gotten --
1.) You don't have to wait until you are sitting at the closing table to review the Association Declaration. The Declaration is filed in the county land records where the property is located. So, for instance, if the townhome is located in Montgomery County, you need to search the Montgomery County land records for the Declaration. Lucky for you, this can almost certainly be accomplished online. Go to the following webpage for more information about searching Maryland land records online --- http://www.mdlandrec.net/msa/stagser/s1700/s1741/cfm/index.cfm.
2.) The Association is probably right -- it's probably not their responsibility. It's the bank's. If you are going to own property, you MUST get out of the landlord/tenant mindset. The Association is NOT there to fix your property. It's yours. You will own it, mold and all, if you guy it. You will have no one to help you but your insurance company and perhaps a few warranties.
3.) DO NOT WAIT UNTIL YOU OWN IT. Once you own it, it's too late. If the problems won't be fixed by the Association or by the bank to your inspector's satisfaction BEFORE you close on the property, THEN MOVE ON. There are many more townhomes/condo's out there for purchase in this economy. You don't need to buy a moldy, tilted home. That just doesn't make much sense. Sounds like a LOT of work would have to be done to bring the bottom unit up to Code. Why bother?
The best advice I will give you -- hire a lawyer NOW, whether you buy this house or a different one! Why not hire an attorney to help you NOW? There are real estate attorneys out there who would be happy to hold your hand through the entire process -- signing an agent/broker agreement, conducting due diligence on the home (in addition to just a simple inspection), negotiating and signing the purchase agreement, reviewing closing documents in advance of closing, attend closing with you, etc. It will cost you a little bit of money, but you will have PEACE OF MIND that the home you are buying is not a disaster. Lawyers can also help you save on closing costs, so they tend to pay for themselves to a degree in these situations.
Best of luck. ******The above is for informational purposes only and does not create an attorney-client privilege.*******
Mr. Cook is correct on the end advice .. get a lawyer now; and this probably isn't a unit to buy unless the price is really below others at that development and you can afford to spend a bunch to fix it up.
But do NOT wait until you have purchased this home. As it happens, under Maryland law you do have an ability for a short time to back out on any contract for purchase of a condo. But this unit sounds like a disaster.
As a technical matter, depending up on the cause of the interior damages below, some or all of them MAY be the condo's responsibility. However, I've been through this with condo unit owners in the past (water intrusions due to condo maintenance issues etc) coupled with mold. If the condo disclaims responsibility, you may be able to force repairs, but FORCING means hiring lawyers and winning a lawsuit. There is no logical reason to go into a home purchase with the intention that you're going to literally buy yourself a lawsuit.
Feel free to give me a ring if you have questions about this stuff.
Larry
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.
