Legal Question in Real Estate Law in Maryland
I have a question whether a seller in Baltimore can sell a house and represent that it is "fee simple," when, in fact, it is not. I recently attempted to purchase a property in Baltimore where the owner did exactly this. He said the property was "fee simple," but it was later discovered that it was not. Now the seller will not return my $1000 deposit. What remedies are available? I maintain that the seller breached the contract by trying to sell a property that was not "fee simple," as represented. Is there any consumer protection law available whereby the consumer can obtain costs, attorney fees and damages? Thank you, any information would be greatly appreciated.
1 Answer from Attorneys
The seller's obligation under a contract is to be in a position to convey clear title to the buyer. Oral representations are not enforceable, but if the title search that the buyer would conduct through a title agent reveals defects in the title, they must be corrected or the buyer is entitled to void the contract and receive his deposit back. Without more information indicating specifically what the problem was with the title, it's difficult to give you a more detailed answer.
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