Maryland Boundary Dispute Attorney – $85,000 Settlement

After being hired by a client in need need of a Maryland boundary dispute attorney, Whitney, LLP obtained an $85,000 pre-litigation settlement.  Our client had been deceived by his own agent and the seller’s agent about the true boundaries of a residential property, and the inclusion of an adjacent lot to the property he was purchasing.  Prior to hiring Whitney, LLP, our client’s concerns were being ignored by his agent and the seller’s agent.

This case is one of many examples of how Whitney, LLP’s experienced property dispute attorneys represented a homeowner after their own efforts to resolve a misrepresentation or other real estate problem were ignored.

Read more about other real estate matters we handle

• Whitney, LLP obtained a $300,000 termite damage settlement on behalf of a first time Maryland homebuyer who purchased a home with severe undisclosed termite damage.
• $90,000 settlement against house flipper for hidden damage and not pulling permits
• Unexpected and undisclosed Special Assessments for Condominium Owners.
• Mortgage fraud claims based on misrepresentations.

When real estate misrepresentation and boundary confusion are caused by a real estate agent’s negligence, Whitney, LLP’s experienced real estate lawyers and boundary dispute attorneys can provide a legal analysis based on the facts and law, allowing homeowners to understand the legal issues and their options under Maryland law.  The options may include initially sending a letter to the at-faulty party or agent, engaging in a pre-litigation mediation or filing a lawsuit.

Watch our videos about some of the real estate cases we handle, and our practice areas, on our YouTube Channel.

If you purchased a home and need a boundary dispute attorney or have other real estate problems, contact Whitney, LLP for a consultation at 410 583 8000, or use our Quick Contact Form.

Buyer Misled About Property Acreage and Boundaries

In this case, the Buyer entered into a Residential Contract of Sale to purchase what was described as a 1.0-acre lot with an additional 0.60-acre parcel. The listing agent represented that the second parcel, referred to as the “additional lot,” came with the purchase.

The Buyer’s own real estate agent — licensed in Maryland and affiliated with a local brokerage — conducted a virtual walkthrough of the property over FaceTime. During that call, the agent misidentified the property boundary lines, pointing out a separate smaller parcel that included a second house. The agent told the Buyer that both homes were included in the deal.

Relying on these representations, the Buyer believed the purchase included two homes: one on the main parcel and another on the smaller parcel. The Buyer intended to use the second home as an income-generating property — either by renting it out or tearing it down to build a new home for rental income.

Because the Buyer trusted his agent’s information, he did not order a pre-closing survey to verify the boundaries. An experienced property dispute attorney would have recognized the risk and advised the Buyer to confirm lot lines before settlement.

Discovering the Truth: A Hostile Encounter

After closing, the Buyer parked his truck in front of what he believed was the additional parcel — the one with the smaller house he planned to rent. Suddenly, a hostile neighbor confronted him with a gun, telling him to get off the property. Law enforcement responded, and no one was injured.

However, the confrontation exposed the truth: the additional lot the Buyer purchased was not the parcel he thought it was. The second home he believed was his was located on a completely different property owned by someone else.

When the Buyer told his agent what happened, the agent admitted that he “thought” the second lot was part of the sale and said, “The other agent told me it was included.” This kind of conduct — negligent misrepresentation and careless statements without verification — is a textbook example of real estate misrepresentation that can lead to damages under Maryland real estate law.

When a homebuyer’s complaints are ignored by their agent, the homeowner has legal rights.

Real Estate Agents Ignored Complaints

After discovering that the second parcel was not included and that he was the victim of real estate misrepresentation, our client tried to resolve the property dispute without hiring a Maryland property dispute lawyer.

However, even though both real estate agents were negligent and had made false representations, neither took responsibility.  Instead, our client’s communications were given lip-service, with no corrective action. Eventually, he realized that he needed to hire a Maryland real estate attorney.  After searching for a Maryland real estate lawyer to handle his boundary dispute, he found Whitney, LLP.

Daniel W. Whitney, Jr. and Daniel W. Whitney, Sr. of Whitney, LLP

Resolving the Property Dispute

After being retained, Whitney, LLP’s real estate attorneys reviewed the contract for sale as well as all communications sent between the Buyer and his agent.  We determined that text messages and emails from the Buyer to the seller’s agent confirmed the negligent misrepresentation.

As if often the case, once Whitney, LLP was hired to provide representation, the at-fault parties, in this case the two agents, realized they could not ignore our client any longer without risking a lawsuit.  they then contacted their attorneys and settlement discussions began to occur.

Maryland homebuyers have many legal rights to fight back against misrepresentation.

Economic Loss and Settlement for Misrepresentation

The Buyer suffered significant economic harm. His investment plan to rent or redevelop the second home for income was impossible because he did not own the property he thought he bought.
With the help of Whitney, LLP’s property dispute attorneys, the Buyer sought compensation for his losses. The firm investigated and determined that his agent and brokerage had acted negligently and failed to exercise reasonable care in confirming property boundaries.

The Buyer’s agent attempted to blame the seller’s agent, but it was evident that the Buyer’s agent had failed to perform due diligence and was responsible. Ultimately, Whitney LLP’s real estate attorneys presented irrefutable evidence demonstrating the real estate misrepresentation regarding the property lines.  When faced with the evidence and the reality that a lawsuit would be filed if necessary, the settlement negotiations became serious.

Whitney, LLP’s real estate attorneys demanded that the responsible parties pay for the equivalent value of the parcel the Buyer believed he was purchasing. Based on comparable property estimates, the value of a similar income-producing lot was approximately $85,000. After negotiations, the claim settled for that amount — a strong outcome achieved without filing a lawsuit.  Of course, all cases are different and prior results do not guarantee future outcomes.

An experienced real estate attorney or real estate lawyer may be able to resolve such property disputes disputes pre-litigation, saving clients’ time, expense, and stress while achieving meaningful financial recovery.

Legal Claims in Maryland Property and Boundary Disputes

Under Maryland real estate law, agents and brokers owe a fiduciary duty to their clients, meaning their clients’ interests come before their own interests.  When real estate agents misrepresent boundaries, acreage, or ownership, they may be held liable for:

• Negligent misrepresentation
• Breach of fiduciary duty
• Failure to disclose material facts

Whitney, LLP’s property dispute attorneys and boundary dispute attorneys can pursue claims to recover lost investment opportunities, property value differences, emotional distress, and legal fees.

How a Property Dispute Attorney or Boundary Dispute Attorney Can Help

Boundary errors and acreage misrepresentations are more common than most buyers realize. An experienced property dispute attorney can:
• Review surveys, deeds, and plats to confirm boundaries
• Identify misrepresentations in MLS listings or sales contracts
• Analyze and facts and law to negotiate favorable settlements, and file lawsuits against negligent agents or brokers
• Protect homebuyers’ financial and legal interests

Whether a case involves a misrepresentation, fraud, a property boundary dispute, a lot line error, or a false representation of ownership, having a skilled real estate attorney can make all the difference in recovering fair compensation.

Whitney, LLP Handles Property and Boundary Disputes Across Maryland

From Annapolis to Ocean City to Frederick, Whitney, LLP’s property dispute attorneys represent clients throughout Maryland in boundary disputes, lot line conflicts, and real estate misrepresentation cases involving agents and brokers.  Our attorneys handle claims in Baltimore City, Baltimore County, Anne Arundel County, Howard County, Montgomery County, Prince George’s County, Harford County, Carroll County, Frederick County, Wicomico County, and Worcester County.

If you were misled about the location, boundaries, or acreage of a property, contact a real estate attorney or boundary dispute attorney at Whitney, LLP for a free consultation.

Frequently Asked Questions About Property Boundary Disputes in Maryland

Can I sue if my agent gave me false boundary information?

Yes. A property dispute attorney can bring a claim for a home buyer for negligent misrepresentation, and recover financial losses caused by incorrect statements or listing errors by agents or sellers.

Do I need a survey before closing on a home?

A survey is always a good idea.  A boundary dispute attorney will tell you that a pre-closing survey is one of the most effective ways to avoid buying the wrong parcel and to confirm actual property lines.

Can I recover losses if I planned to rent or rebuild on a misrepresented parcel?

Yes. If your plans for rental or redevelopment were disrupted by a negligent real estate misrepresentation, a real estate lawyer can calculate your lost investment opportunity and pursue compensation.

Who is responsible, the agent or the brokerage?

Both can be liable. A real estate attorney can identify whether the brokerage failed to supervise the agent, provide adequate training, or is otherwise responsible.

Contact Whitney, LLP – Boundary Dispute Attorneys

If you were misled about property boundaries, acreage, or ownership involving Maryland real estate, contact Whitney, LLP’s property dispute attorneys for a free case evaluation.

Contact Whitney, LLP for a consultation at 410 583 8000, or use our Quick Contact Form.