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?

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1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
  • Crownsville, MD
  • Licensed in Maryland

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.

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