California, MD asked in Real Estate Law for Maryland

Q: Are sellers in MD required to disclose cracks in an in ground pool to potential buyers if the home is sold "as is"?

Several large cracks that are leaking were discovered upon trying to open our pool. The Pool was closed and covered during the inspection when we purchased the home. These cracks are very visible. Current repair estimates are $30k plus labor, pool draining and refilling. We would not have purchased the home had this been disclosed.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Maryland

A: You need to look carefully at the disclosures and the advertising as well as all other correspondence to look for misrepresentations. There are several categories of cases, but you aren't in the easiest of them. It's not going to be an easy latent defect case if the cracks are very visible and you didn't look for them. Your best argument is that the pool cover hid the defect. The disclosure case may also be tough, because most disclosure packages ask about the house itself. Have you read the questions carefully? Was it disclaimed? If they slipped up an advertised a pool, you might have a claim, since it is not really a pool. It's a broken, hazardous pit.

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