Is the seller responsible

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Is the seller responsible

Me and my wife purchased our first home last year in September now we’re
going through all kinds of problems with the house what can be done?

Asked on August 11, 2017 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The seller's could be liable for the costs you incur in the following circumstances:
1) The seller gave you a warranty or guaranty; if so, you can enforce it as per its plain terms.
2) The seller misrepresented (lied, either affirmatively or by omission) about issues about which it was aware: e.g. they knew the basement flooded when it rained, but did not disclose that. If they did this, it was fraud, and you could sue them for fraud for the costs or losses caused by their misrepresentation. The  concern here is that you must show either that they actually know of the problem or, at a minimum, that they logically MUST have known (that it is not plausible that a seller in their position or circumstances would not have known).
If they did not have you a warranty/guaranty and did not lie about anything, they would not be liable.


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