Towson, MD asked in Real Estate Law for Maryland

Q: What are examples of material facts in Maryland with respect to selling real estate?

Would a next door neighbor having a criminal record be a material fact?

Related Topics:
1 Lawyer Answer

A: Very generally, material facts are those that relate to the property and would impact a decision to buy. Maryland law also requires that sellers expressly disclose all hidden (or "latent") material defects in a residence up for sale.

That said, Maryland law excludes by statute certain facts from disclosure - for instance that a murder or other death took place on the property or that an occupant had HIV. Very generally most things that relate not to the structure itself but to the people in/around it don't need to be disclosed. However, some facts about other people may impact a decision to buy and be construed as "material," so contracts in this state often include a disclaimer that potential buyers should look up for themselves registered sex offenders in the area before purchasing.

While not legal advice I hope that this general information helps.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.