Legal Question in Real Estate Law in Maryland
Tree fell on new house.
We recently bought a newly constructed home. Within a week after closing, we noticed a tree about 30 ft from the house that appeared to be dying. The tree was struck by lightening approximately 1 month before we closed. After contacting the builder, they said they'd schedule someone to remove the tree. Two days later, we again notified the builder that the tree was creeking and popping and we expected it to fall soon. Two hours after the call, the tree fell on our house causing $1100 in damage. Since the tree was damaged before we closed on the house, is the builder liable for the repairs? They say they aren't.
1 Answer from Attorneys
Re: Tree fell on new house.
The law says that the seller is responsible for "latent defects", which are defined as problems that the seller knows about and which could not have reasonably been discovered by the buyer prior to settlement. An example would be a damaged wall hidden by furniture (in the case of a resale property). In your case, the builder is taking the position that you should have discovered the damaged tree during your pre-settlement walk-through, and could have raised this issue then.
However, on your behalf I would take the position that the builder's offer to have the tree removed after you contacted them constitutes an admission of their responsibility for it, and therefore they should answer for the damage and the cost of removing the remains of the tree. You could sue them in small claims court after determining the full extent of your damages.
Also, I would think your insurance will cover this, although you may not wish to make a claim for this amount.
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