Quincy, MA asked in Real Estate Law for Maryland

Q: Is it unlawful in MD to keep a deposit on an "as is" property sale if you fail to disclose a known structural defect?

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1 Lawyer Answer
Thomas C. Valkenet
Thomas C. Valkenet
  • Baltimore, MD
  • Licensed in Maryland

A: Perhaps, it depends on all the circumstances and the reason for termination of the contract. Of course, whether it is legal or not really depends on the willingness to pursue recover. Your standard MAR contract has mandatory mediation within the first year. And you must also consider the broker language that might trigger entitlement to a commission for a deal that simply did not settle. On your next contract it is important to strip the self-serving broker language out-- it only serves the broker's interests and not the clients.

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