Legal Question in Real Estate Law in Maryland

We recently purchased a townhouse. It looks perfect, but unfortunate thing happened before we move in. The second day after the seller moved out, we found that there was water puddle on the floor of the storage room in the basement. Today, we found water leaking again in the same place and thoroughly checked this room. After removing the insulation materials, we found there is a crack in the foundation wall and was obviously repaired before. Water is leaked from outside though this crack and the floor-to-wall joint when it is raining. The seller didn't disclose this serious structural defect and water leaking to us. I recalled that the seller even blocked this room when the professional inspector did home inspection. I wonder if we can ask for the compensation for repairing this defect. If the seller refuse to pay for the repair, can we make a law suit for the seller's non-disclosure or fraud? Please advise us how to handle this case. We are so desperate.

Many thanks!


Asked on 3/06/11, 8:38 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Fraud cases are really tough to prove. You had an inspector. The inspector either failed to find or was prevented from finding the crack in the wall. You had the choice of not purchasing the home until you saw that room. You took a chance. At the same time, it is DEFINITELY worth hiring an attorney and having him write a letter on your behalf to the prior owners threatening to sue them if they don't repair the damage. If the owners refuse to pay the damage even after that, you have a choice to make as to whether to spend the money to sue in Court. If you would like assistance writing that letter, please feel free to contact me.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 3/07/11, 6:17 am


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