Legal Question in Real Estate Law in Maryland

Re: Seller Failed to Disclose

Your ability to successfully sue the seller depends on the nature of the undisclosed defects. If they were of a nature that they would have been readily discovered by you had you inspected the property, or just by observation, then you have no claim. However, if they are what we term "latent" defects, meaning the seller knew or should have known about them and concealed them so they couldn't be easily discovered, you would have a valid claim. As an example, if the basement walls were obviously damp and there was a musty smell at the time you looked at the property before buying it, and you later discovered water in the basement, you were "on notice" of this potential problem. Of course if the seller affirmatively misrepresented the condition of the basement, you might have a claim on that basis. On the other hand, if he put a large piece of furniture in front of a damaged wall to conceal it that couldn't be easily moved, that would be an example of a latent defect.