Sometimes, right after you buy a home, you discover major problems with the property. If so, you may need an attorney to help with the discovered home problems. You may be facing major bills and think that someone should have told you about the issues. A post-sale defect lawyer could help you recover compensation for many post-sale problems.
Whitney, LLP’s real estate lawyers help home buyers bring claims and file lawsuits against dishonest and negligent home sellers, house flippers, real estate agents and termite inspection companies across Maryland. Our attorneys recover compensation for buyers to repair hidden damage and defects, and for emotional distress. We offer Legal Consultations.
If you need a real estate lawyer near me to help with hidden damage, failure to disclose defects, negligence or fraud in the purchase of a house, Call Us at 410 583 8000 or use our Online Quick Contact Form.
We represent homebuyers throughout Maryland, including Baltimore, Columbia, Germantown, Silver Spring, Waldorf, Frederick, Ellicott City, Glen Burnie, Gaithersburg, Rockville, Bethesda, Dundalk, Towson, Bowie, Aspen Hill and Wheaton.
Discovering an Undisclosed Home Defect After Purchase
If you discover that your new home has defects or other issues after the purchase has closed, you may not be forced to bear the financial burden of it. The key here is whether the seller disclosed the defect during the sales process. If the seller hid a defect, you may be able to recover compensation for the cost of repairing it.
You have a couple of different possibilities for righting the wrong caused by an undisclosed defect. In certain cases, you may even have the ability to rescind the purchase of the home. More commonly, you can file a lawsuit to receive financial compensation for defect or damage repairs.
You Have Legal Rights to Sue for a Home Defect
When filing a lawsuit, you are faced with a choice of whom to sue. You may be able to file a lawsuit against the following:
- Flipping company;
- Seller’s real estate agent;
- Buyer’s real estate agent;
- Termite Inspection company; or
- The Brokerages in the transaction.
Your real estate attorney would help you investigate the facts of the situation to see who was at fault for you buying a home that you later found out to be damaged.
Usually, you would not file a lawsuit after the closing for a minor defect or malfunction. Things such as wear and tear and small cracks may not necessitate a lawsuit. Moreover, you might have learned about many of these things during your home inspection. Post-closing lawsuits are usually reserved for when major things are broken or hidden.
Maryland Home Sale Disclosure Requirements
In Maryland, the law regarding what the seller must tell you is found in Md. Code § 10-702. The seller must fill out a Residential Property Disclosure and Disclaimer Statement that goes into detail about the defects of the property. Sellers can either choose to “disclose” all of the issues as directed, or “disclaim” and only disclose latent defects.
The seller disclosure form gives the current owner a chance to disclose known defects. While this may lower the sales price, it protects them from liability after the sale. It is when the seller tries to mislead by not disclosing known defects that they risk being sued.
Both real estate agents can also be liable if they knew of some problems with the home and kept the information from you.
Maryland Real Estate Attorney for Post-Sale Problems
In all of these cases, you have the legal right to file a lawsuit. Whitney, LLP may be able to assist you as you try to seek compensation for damages that you suffered through this nondisclosure or hidden problems.
If you were the victim of a dishonest seller, real estate agent or WDI/termite inspection company in Maryland, contact Whitney, LLP’s real estate lawyers at 410 583 8000, or use our Online Quick Contact Form, for your Legal Consultation.