Expert: Dick Dennis - 7/20/2006

Question
We are in the process of buying a home - we have come to find out, that the owners and real estate agents have not properly disclosed leaks (they knew of each of these leaks but did not disclose any on the disclosure statement) in the roof and in the basement - furthermore, they gave us a letter from a roofer that was not authorized by that roofer, that the roof was free of leaks (we have contacted the roofer directly).  We still want the house - and it needs a new roof.  We have come to find all this information out prior to closing - and I am wondering since there is fraud in the disclosures, do we have any action after we close because we are now buying with that knowledge?  We live in MD and there is a requirement to either disclose or disclaim - I'm just not sure if we have any recourse since we are going through with the purchase.  

Answer
As long as Maryland has a law that says the seller must disclose EVERYTHING, then it appears that you may back out of the deal and receive your earnest money deposit returned. It would seem that if you insist on having the repairs done to the roof and anything other, and that they refuse to do so, they have killed the deal.

Or have they?

I recommend you talk to a LOCAL REAL ESTATE attorney to make sure that your interests are being protected, especially since you do want the house.

I do wish you well, Beth.

Dick Dennis                  dixiedee13@aol.com