Legal Question in Real Estate Law in Maryland

seller did not disclose termites

My husband and I purchased a home approximately a month ago.

The seller did not disclose termite damage we believe she knew about. New windows and vinyl siding were put in overtop the termite damaged wood, but no repairs were made.

The seller had the house treated for termites and was given a report of where the termites were by the company, but did not give us the report. The seller owned the home when the windows and the siding were put on.

We would like to know what legal recourse we have.

Thank You


Asked on 6/10/04, 1:31 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: seller did not disclose termites

Apparently you didn't have a real estate agent or use a standard realtor contract, as those contracts contain a clause specifically requiring the seller to be responsible for all termite damage found by an inspection. The buyer is responsible for hiring the termite company to conduct the inspection, and if you are getting a mortgage, your lender would have required this as well.

Nevertheless, if the sellers fail to disclose damage to the property that they know about, you have a claim against them for breach of contract and can sue them for the cost of the repairs.

Robert Sher

301 986-4555

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Answered on 6/10/04, 10:38 am


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