When a home seller tells you anything about the condition of the property, it is supposed to be factual and true. If not, you may need a lawyer to sue a home seller for their misrepresentation. Otherwise, it would be a misrepresentation, and it would give you a legal cause of action. During the home sales process, there is no such thing as a harmless little lie.
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.
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.
The Seller’s Legal Obligation to Disclose Defects
In Maryland, sellers can disclose issues with homes to buyers in one of two ways. The first is an “Disclaimer” form. This is exactly what the name implies: The seller makes no representations, and must only disclose known latent defects.
The second way is that the seller fills out a “Disclosure” form. This is where they must tell you everything that is wrong with the home in the multiple specified categories.
Once the seller chooses to fill out either form, it has an obligation to be fully truthful. It must accurately tell you of all latent defects in the home. These are usually defects that the buyer might not not be able to spot with their own home inspection.
The law requires the seller to fully and accurately disclose defects. In this context, the term “misrepresentation” includes scenarios where the seller has made false disclosures or failed to tell you something that they should have. Both will lead to a situation where they can be held liable. However, there are some limits on this liability. Sellers are not obligated to inform you about every minor or unknown defect.
Your Legal Options When the Seller Has Misrepresented
In terms of your possible remedy when the seller has misrepresented the condition of the home, there are several options. You may even be able to get a rescission of the sale, meaning that the entire transaction is voided. However, many buyers still want to keep the home with the seller paying them damages.
When the home seller tells you that the property is in a certain condition, they are held to that. If not, a latent defect lawyer can help you recover the damages.
Maryland Real Estate Attorney for Seller Misrepresentation
With an attorney on your side, you can do something about real estate misrepresentation. When you file a lawsuit, the seller can be held accountable for what they did or did not tell you that caused you harm.
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.