Summary
In Maryland, realtors are required to disclose known latent defects in property listings to ensure fair transactions. A latent defect is a hidden flaw not easily observable during standard inspections. Even in as is sales, sellers must disclose known defects. If a property is sold with undisclosed defects, the buyer may have grounds to sue for misrepresentation or fraud. An heir may also sue a personal representative for instructing an agent to hide defects, potentially breaching fiduciary duty. Legal advice is recommended for specific concerns or evidence related to undisclosed defects.Full Conversation
Yes, this property is part of an estate and was previously listed with access to known latent and material defects.
In Maryland, realtors are indeed required to disclose known latent defects as part of their duty to ensure transparency in property transactions. If there are concerns about undisclosed defects in an estate property, you might consider consulting a legal professional to explore potential remedies. Is there a specific issue you're encountering with this property?
What exactly is a latent defect?
A latent defect is a hidden flaw in a property that is not easily observable during a standard inspection. These defects could affect the property's value or safety and are often only discoverable through specialized inspections. Examples include faulty wiring or structural issues not visible to the naked eye.
Would a defective chimney be a latent defect?
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A defective chimney could be considered a latent defect if the issue is not readily visible during a standard inspection and requires specialized assessment to detect. It could impact the property's value or safety, thus qualifying as a latent defect. Do you have specific concerns about the chimney's condition or its disclosure?
Could the estate be sued by the new owner after closing on such a property if a list of known defects was discovered?
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In Maryland, if a property is sold with undisclosed known defects, the new owner may have grounds to sue the estate for misrepresentation or fraud. Here are some key points:
- Sellers must disclose known defects.
- Buyers can sue if defects are willfully undisclosed.
- Legal action depends on specific contract terms and evidence.
Is there a particular defect you believe was undisclosed?
What if the property is sold as is?
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When a property is sold "as is" in Maryland, it means the seller is not making any guarantees about the property's condition, and the buyer accepts it in its current state. However, sellers must still disclose known latent defects, even in "as is" transactions.
Do you have concerns about undisclosed defects despite the "as is" sale?
Can an heir sue the personal representative for instructing the listing agent to hide known known defects?
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In Maryland, an heir may potentially sue a personal representative if they instructed the listing agent to hide known defects. This could be considered a breach of fiduciary duty, misrepresentation, or fraud, depending on the situation. It would be wise to consult a legal professional to assess the merits of such a case. Do you have specific evidence or concerns related to this matter?
What if the judge instructed the PR not to include the list of known defects in the property listing?
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If a judge instructed the personal representative (PR) not to include known defects in the property listing, this could complicate matters. However, it is unusual for a judge to make such a directive. Typically, disclosure requirements are governed by state law rather than judicial orders. It would be important to seek legal counsel to understand the implications and ensure that the actions are compliant with Maryland law and the duties of the PR. Would you like to discuss any specific concerns or evidence you have in this situation?
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