Alban Home Inspection Service

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Full Disclosures of Latent Defects Now Required In Maryland

Autumn Advice
continued from front page...

furnace/boiler/water heater and
one in the master bedroom.
• Gardens and Equipment: Pay
attention to tender plants
before the first frost. Clean
and lightly oil garden tools.
Store outdoor furniture.
Fertilize and aerate lawns.
• Decks: Pressure wash and
apply a preservative to wood
deck materials.
• Driveways: Seal asphalt drives.
• Drains: Inspect areaway and
basement floor drains and
maintain them free of leaves
and debris. Cover with mesh
to prevent clogging.

I have been disturbed that Maryland law in the past did not require Sellers to make full disclose of hidden defects that were known to them. How many times have I heard a Seller state “no water problem in my basement” only to have a neighbor tell the new buyer after settlement about last year’s flood? Nonetheless, a Seller could sign a disclaimer regardless of their actual knowledge of conditions in the home and have no risk.
Maryland law made a significant change on October 1, 2005 for Realtors and Sellers of residential real estate. Sellers are now required by law to disclose any known latent defect. This is a small step toward full disclosure and is limited to latent defects, defined as a material defect that a purchaser would not reasonably be expected to discover by a careful visual inspection of the property and which would be a threat to the safety or health of the purchaser or occupant.
Listing agents can now use this new law to obtain full disclosure of known health or safety related hidden defects in the homes they list, but also to encourage Sellers to make full disclosure on the basis than almost any adverse condition in a home could lead to the possibility of health or safety problems or at least a claim thereof.

Note: This newsletter is for informational purposes only. When getting involved with a project, please work within your ability. If you need help with a contractor or with any other home-related issue, please contact Alban Home Inspection Service with any questions. Thank You.

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*Free Inspection Program If Sale Does Not Close
*
For Residential owner-occupied contracts under $400,000.00. Restrictions apply. Call for details.


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