When damage is concealed during the sales process, home buyers may want to file a lawsuit and sue a home seller for failure to disclose defects or lying about issues with the house. It is unfair to buyers when the house that you bought does not turn out to be what was represented to you when you signed the contract and paid for it. The good news is that you may be able to file a lawsuit against the home seller for misrepresentation or fraud and recover compensation.
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 free 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.
Suing A Home Seller For Failure To Disclose
Just because the ink is dry and the transaction closes, this does not mean that the home seller’s relationship with you is done. Instead, they have a legal connection with you in that you can sue them after the home sale if certain things happen, including if you discover they lied about the condition of the home. This is especially true when the seller has lied to you or failed to disclose a material fact during the sales process.
The duty to disclose relates to a number of circumstances during the home sale. The first major thing that the seller has the duty to accurately disclose is the defects in the home. No matter what, they must tell you about latent defects. Then, they must also disclose any encumbrances on the property. If they do not, they can be sued after the sale when you discover whatever is wrong.
The Seller Must Make Certain Disclosures
The seller cannot tell you anything false, and they are also under the legal obligation to tell you certain things about the home. They are in a better position to know than you are about the true condition of the home. When they make a disclosure, if the disclosure is incomplete or false, you may be able to recover compensation if their dishonesty causes damage to you.
One major reason for a lawsuit against the seller is fraud. Sometimes, the seller may flat out lie. They could fail to disclose water intrusion, flooding, termite damage, or other serious problems.
Or, they could sell you a property that they do not own or one that has an easement they are not telling you about. The seller may not even have the right to the entire property that they are selling you. In either event, you may not be getting the property for which you paid. When there is fraud, you may even be entitled to punitive damages.
Maryland Real Estate Attorneys To Sue Home Sellers
You have the ability to sue the sellers when your house turns into a money pit due to a seller’s dishonesty. As long as they were dishonest in the sales process and did not tell you something that they should have, they may be made to pay. You will need to prove that the seller knew or should have known about that defect at the time of the sale or that they had the intent to defraud you.
Suing the seller requires a legal process that should involve working with an attorney. Your lawyer will investigate the facts of your case and file a legal complaint on your behalf. Your court action may involve discovery and depositions before you proceed to a trial. Of course, the seller may try to settle the case before trial.
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 Free Consultation.
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.