Legal Question in Real Estate Law in Maryland

Sale of Property/Disclosure question

I am in the process of selling a property that is going to settlement in approximately two weeks. I just received a letter in the mail this past week that the neighbors behind my property want to subdivide the property and build another house right behind my current property. The plans have not been finalized and a community meeting will not take place until two months from now. Must I disclose this information prior to settlement or is it enough to leave the information for the new buyer at the house so they can decide whether or not they want to attend the community forum. Additionally, could a buyer legally back out of a contract if they learn that new construction will be taking place behind the property they are purchasing? I am just concerned because they really liked the trees behind the property and half of them will be cut down to make room for this prospective new home. Thank you.


Asked on 4/21/08, 10:07 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Sale of Property/Disclosure question

You have no duty to disclose this information before the settlement, and the buyers have no right to back out of the contract because of it. You have no control over the decisions of adjacent property owners to develop their lots, other than as a member of the community association, and via zoning and set back laws and regulations. Presumably during the sales process leading up to signing the contract, you didn't misrepresent to the buyers that the lot in question could not be developed and they could rely upon it being a permanent wooded area.

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Answered on 4/21/08, 2:14 pm


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