Legal Question in Real Estate Law in Maryland

What steps do I take after purchasing a home with an as-is contract only to find out that the basement floods from every angle and this wasn't mentioned on the disclosure form?


Asked on 3/15/10, 9:59 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

First you need to have someone with experience in basement waterproofing inspect the premises and advise you if there is evidence that this problem had been present during the previous owner's tenure. If so, you should contact the previous owner and ask them to take responsibility, which they will probably refuse. You can expect that they will deny they ever had this problem, especially if your settlement was some time ago. If you had the home inspected prior to closing, was there evidence of water damage that your inspector should have detected? If so, you might not have a claim because the problem was evident before closing. And if your home inspector missed it, his inspection contract with you will limit your claim against him to a refund of the inspection fee. To hold the previous owner accountable, you will probably have to take him to court.

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Answered on 3/22/10, 7:39 am


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