Legal Question in Real Estate Law in Maryland

Seller concealed plumbing problem

We just bought and moved into a townhouse in New Market. Shortly after moving in, we found that there was a terrible leak which was flooding the basement. I tracked it down to a busted water pipe leading to the rear outside spigot. The pipe apparently froze during the winter and split open. The busted part is inside the floor and not easily accessible without tearing the floor up. I believe the seller knew about it (how could she not?), and she failed to disclose the problem on the disclosure statement, thus committing fraud. As soon as the pipe thawed out, she would have noticed it because it floods the basement. Furthermore, the water to that line was turned off inside the house, so she must have turned it off to prevent it from flooding. The seller is now in Arizona. I do have her contact information. What legal recourse do I have?


Asked on 8/10/07, 3:01 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Seller concealed plumbing problem

If the seller of real property knows of a problem that is not readily apparent to the buyer or discoverable upon inspection, and fails to disclose it, the seller can be held responsible for the repair. You can be sure that your seller will deny any knowledge of the leak if confronted, so you will need to be able to establish through a plumber or whoever you would hire to repair the system that the problem existed long enough that the seller had to know about it. Are there water stains on the basement walls or floor indicative of a flooding situation? Then you will have to sue the seller, assuming she won't take responsibility. You could sue her in MD since that is where the wrongful act occurred. But if you win the case, and she ignores it, you'll have to file the judgment in AZ in order to collect.

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Answered on 8/10/07, 3:51 pm


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