Legal Question in Real Estate Law in Maryland
I purchased a FSBO home in 2005 and discovered that the home has polybutylene (sp?) pipes and that it should have been fixed prior to the sale, which we did not know about until after the fact. Now when we sell our home, we will have to pay for it ourselves. Is there any way to re-coup our costs from either the previous seller or the home inspector who should have known the law?
1 Answer from Attorneys
You cannot go after the home owner, from whom you probably bought the property on an "as is" basis. This is something that was easily discoverable by you, via your inspector, prior to settlement. In addition, unless you discovered this within the past 3 years, the statute of limitations would bar any claims. Finally, your home inspection contract would typically contain clauses significantly limiting his exposure.
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