Baltimore, MD asked in Real Estate Law for Maryland

Q: Home is under warranty, whenever it rains water seeps in the basement. Is the seller responsible for fixing the issue?

We were not told about this issue prior to buying the home. We closed on March 27, 2018.

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2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: There is a wet basement disclosure, so did you get that signed by your seller? Look through your mountain of contract addenda. Look at all the disclosures you received. That’s the start. If they knew of the leaky basement (and you can prove it) and they failed to disclose it then you have a possible claim against them.

Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: It is unclear what you mean by "home is under warranty" What kind of warranty? It is very unusual for an existing home to come with any kind of warranty (except warranties of title) or appliance warranties purchased through third party companies. New home construction, on the other hand, comes with certain warranties.

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