Legal Question in Real Estate Law in Maryland

I purchased a "FSBO" home in Harford County Maryland in November 2005. I knew that the previous owner had passed away and that the person that inherited the house was not interested in keeping it. Not wanting to live in a home where someone had perished, I asked the seller's representative (not a real estate agent), if the person had died in the home. The story I received verbally is that the previous owner had a heart attack in a nearby grocery store and NOT in the home. After moving in and talking to a neighbor, I found out that the previous owner had passed in the home and was not discovered immediately. Is there a law that states if people have died in a home needs to be disclosed to potential buyers?


Asked on 12/19/11, 8:15 am

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

Maryland has no such law.

Certain disclosures are mandated by Maryland law and failure to disclose a MATERIAL hidden defect could allow one to bring a lawsuit after a deed. Sales by an estate involve a somewhat different analysis but by statute Maryland specifically says that a death in a home is not a material defect. Additionally Maryland requires that most claims be filed within a 3 year statute of limitations.

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Answered on 12/19/11, 8:33 am


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