When home sellers lie and fail to disclose information on Maryland real estate disclosure/disclaimer forms, buyers may have legal rights to recover compensation for resulting damages. A home seller who has given you a disclosure or disclaimer statement is bound by what it contains. If there is anything false in the statement, the seller could pay a heavy legal price.
Whitney, LLP’s real estate lawyers help home buyers bring claims and file lawsuits against dishonest and negligent home sellers, house flippers, real estate agents and termite inspection companies across Maryland. Our attorneys recover compensation for buyers to repair hidden damage and defects and for emotional distress. We offer legal consultations.
If you need a real estate lawyer near me to help with hidden damage, failure to disclose defects, negligence or fraud in the purchase of a house, call us at 410 583 8000 or use our Online Quick Contact Form.
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Disclosures Exist to Protect Buyers from Hidden Damage
In Maryland, the legal obligation for a property disclosure or disclaimer document exists for a reason. It is public policy that you be fully informed before you make the decision to purchase a home. Any defects could affect your decision whether to buy the home and how much to pay for it. Accordingly, when the seller tells lies, you suffer real damages as the buyer because you are stuck with an unanticipated repair bill.
As a buyer, you are relying heavily on the seller’s disclosure because even your home inspector cannot always detect certain issues after a brief inspection. The seller in the best position to know what is wrong with their home. When they lie, you have grounds for a lawsuit against the seller. Any kind of misrepresentation or even failure to disclose defects in the home can lead to financial compensation.
Had the seller disclosed some defects, you might not have bought the home. For example, if there was major damage to the foundation of the home, this is something that likely would have caused you to look elsewhere. Some sellers will flat-out lie so that they can sell the home to an unsuspecting buyer and get it off their hands at a higher price than an informed seller would pay. If this happened, you have legal rights.
Home Buyers Can Sue the Seller for Damages
There are two possible remedies that you would be seeking in a lawsuit against the seller for lying about hidden defects. The first would be a lawsuit for compensation for the damages that you incurred. The second type of lawsuit could lead to a rescission of the home sale. Normally, lawsuits result in monetary compensation, but if the lying and the home damage were bad enough, and the buyer requested it, a court could undo the whole transaction through that form of equitable relief.
Another possibility when the seller has lied is a fraud lawsuit. It is not always easy to prove fraud because you would need to show that the seller lied with intent. If you are successful, this may increase your financial compensation because you might even be awarded punitive damages. Whitney, LLP has been successful in bringing fraud claims in real estate cases.
Sometimes, proving that the seller lied on the disclosure forms may take significant effort. Whether someone is lying is not always clear-cut. This is where you need an experienced real estate lawyer on your side. Your attorney can help gather the facts and evidence to show a court that the seller did in fact lie about its property.
You would need to show that the seller knew or should have known that what they were listing on the disclosure form was false. You could still file a negligence lawsuit for the failure to disclose if you cannot prove intent to deceive you as the buyer, but the defect still should have been disclosed.
Real Estate Attorneys for Seller’s Failure to Disclose Defects
If you were the victim of a dishonest seller, real estate agent or WDI/termite inspection company in Maryland, contact Whitney, LLP’s real estate lawyers at 410 583 8000, or use our Online Quick Contact Form, for your legal consultation.
We represent homebuyers throughout Maryland, including Baltimore, Columbia, Germantown, Silver Spring, Waldorf, Frederick, Ellicott City, Glen Burnie, Gaithersburg, Rockville, Bethesda, Dundalk, Towson, Bowie, Aspen Hill and Wheaton.
As an expert in real estate law, I can attest to the critical importance of disclosure forms in the home-buying process and the legal implications that arise when sellers fail to provide accurate information. The article you've presented touches upon several key concepts that potential homebuyers in Maryland should be aware of. Let me break down and elaborate on these concepts:
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Legal Ramifications of False Disclosures:
- When home sellers provide false information on Maryland real estate disclosure/disclaimer forms, it can have severe legal consequences.
- Buyers may have legal rights to recover compensation for damages resulting from the seller's misrepresentation.
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Binding Nature of Disclosure Statements:
- Sellers are legally bound by the content of the disclosure or disclaimer statement they provide.
- Any falsehood in the statement can lead to significant legal repercussions.
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Role of Real Estate Lawyers:
- Whitney, LLP's real estate lawyers specialize in helping homebuyers pursue claims and file lawsuits against dishonest and negligent parties in the real estate transaction.
- They aim to recover compensation for hidden damage, defects, and emotional distress suffered by the buyers.
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Purpose of Disclosures:
- In Maryland, the legal obligation for a property disclosure or disclaimer document exists to ensure that buyers are fully informed before making a home purchase decision.
- The goal is to protect buyers from unforeseen damages that could impact their decision-making process.
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Reliance on Seller's Disclosure:
- Buyers heavily rely on the seller's disclosure, as the seller is considered to be in the best position to know about any issues with the property.
- Misrepresentation or failure to disclose defects can lead to financial compensation for the buyer.
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Types of Lawsuits:
- Buyers may pursue two types of lawsuits against sellers who lie about hidden defects: compensation for damages incurred and rescission of the home sale.
- Fraud lawsuits may also be applicable if intent to deceive can be proven, potentially leading to punitive damages.
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Difficulty in Proving Fraud:
- Proving fraud can be challenging, as it requires demonstrating that the seller lied with intent.
- Experienced real estate lawyers play a crucial role in gathering evidence to support the buyer's case.
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Negligence Lawsuits:
- In cases where intent cannot be proven, buyers may still file negligence lawsuits for the seller's failure to disclose information that should have been made known.
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Role of Real Estate Attorneys:
- Real estate attorneys are essential for victims of dishonest sellers, providing legal representation and assistance in gathering facts and evidence for a lawsuit.
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Jurisdiction Coverage:
- Whitney, LLP's real estate lawyers represent homebuyers throughout Maryland, including various cities such as Baltimore, Columbia, Germantown, Silver Spring, and more.
In conclusion, the information provided emphasizes the significance of accurate disclosures in real estate transactions and the potential legal recourse available to buyers when sellers engage in dishonest practices. If you find yourself in such a situation, seeking the assistance of experienced real estate lawyers, such as those at Whitney, LLP, is crucial to protecting your rights and seeking appropriate compensation.
