Purchasing a condo development is a significant investment, and discovering hidden defects afterward can be frustrating and costly.
Maryland state law provides protections and remedies for buyers who encounter undisclosed issues after the purchase of condo developments.
Understanding disclosure requirements in Maryland
Maryland law requires sellers to disclose known defects in the property through a Property Condition Disclosure and Disclaimer Statement. This document should detail any material issues that could affect the value or functionality of the development. Failing to disclose known defects may make the seller liable for damages.
Filing a breach of contract claim
Buyers can file a breach of contract claim if the seller fails to disclose defects as required by the sales agreement. The purchase contract often includes clauses about the property’s condition. If the buyer finds defects that contradict the agreement, they can seek compensation or repairs.
Pursuing a claim for fraud or misrepresentation
If a seller intentionally concealed defects or provided false information about the condo’s condition, the buyer may have grounds for a fraud or misrepresentation claim. Maryland courts require buyers to prove that the seller knowingly withheld information to secure the sale.
Exploring warranty protections
Condo developments may come with a builder’s warranty covering structural defects and other issues in the units and common areas. In Maryland, buyers should review warranty terms and timeframes to determine if the warranty covers repairs or replacements. Builders are obligated to honor valid claims under these warranties.
Taking action within the statute of limitations
Maryland law imposes a statute of limitations on claims related to undisclosed defects. Buyers generally have three years from the date they discover the defect to file a lawsuit. Acting promptly is necessary to preserve legal rights.
Ensuring property peace of mind
Addressing undisclosed defects requires understanding the remedies available under Maryland law. Buyers who take appropriate action can protect their investment and resolve issues effectively, ensuring the development meets expectations.
