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statute of limitations Chris 04-19-2007
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Posted by Chris on April 19, 2007, 8:50 pm


Does anyone know what the statute of limitiations in the state of
maryland is for filing a suit against a home seller and or a real
estate agent for not disclosing a defect, and possibly making a
fraudulent claim about the house's integrity?

short story--

house was advertised to me as having waterproof basement. not so. half
of the basement has a french drain. the other half has a trench to
collect water and divert it to the drain..

I have consulted a few people about this.. they said "Oh, that's the
old way of doing it." (the drain was installed in the 80's.) but, a
water proofing company was here tonight, and flat out told me that
whatever I was told was wrong-- that it is not a waterproofed
basement.. and, I could bring this against the seller and the real
estate agent. Only half of the basement is water proofed, the other
half is some hodgepodge system that was probably done by the old
owner. He only had the half that was a real problem done, and just
fudged the rest (even putting up wood panelled walls up to hide the
trench.

I wasn't paying this any mind, because whatever this system was was
working ok and I just thought it was the "old way", but I found an
area that isn't, and it is getting worse.. and it was masked by the
makeshift wall..

I have lived in the house for 2 1/4 years.. the guy here tonight
thinks that the statute is 3 years.


AppliancePartsPros.com, Inc.
Posted by on April 19, 2007, 9:01 pm


How exactly is the ad worded? How many "experts" not people selling
something can you get to testify? Did you get an inspection? Buying
a used house is typically as is. Quit cryin and fix it.

> Does anyone know what the statute of limitiations in the state of
> maryland is for filing a suit against a home seller and or a real
> estate agent for not disclosing a defect, and possibly making a
> fraudulent claim about the house's integrity?
>
> short story--
>
> house was advertised to me as having waterproof basement. not so. half
> of the basement has a french drain. the other half has a trench to
> collect water and divert it to the drain..
>
> I have consulted a few people about this.. they said "Oh, that's the
> old way of doing it." (the drain was installed in the 80's.) but, a
> water proofing company was here tonight, and flat out told me that
> whatever I was told was wrong-- that it is not a waterproofed
> basement.. and, I could bring this against the seller and the real
> estate agent. Only half of the basement is water proofed, the other
> half is some hodgepodge system that was probably done by the old
> owner. He only had the half that was a real problem done, and just
> fudged the rest (even putting up wood panelled walls up to hide the
> trench.
>
> I wasn't paying this any mind, because whatever this system was was
> working ok and I just thought it was the "old way", but I found an
> area that isn't, and it is getting worse.. and it was masked by the
> makeshift wall..
>
> I have lived in the house for 2 1/4 years.. the guy here tonight
> thinks that the statute is 3 years.



Posted by mm on April 19, 2007, 10:05 pm


On 19 Apr 2007 18:01:55 -0700, bigjim@backpacker.com wrote:

> Buying
>a used house is typically as is.

His case may not be typical.

Even with an 'as is' sale, the seller can be liable for false
representations**. You'll be happy to know that if you ever get
screwed.

Whether the OP was screwed or not is another question.

Basically I agree with Trader4

**Contracts for the sale of land have to be in writing. I don't
remember if that would mean that a representation that something is
waterproof, or has 200amp service, or whatever, would also have to be
in writing.


Posted by on April 20, 2007, 6:09 am


Yes false representation is an exception to as is. But we havent seen
the listing or anything in writing that ststes "waterproof". Plus
the OP hasnt had any water in basement so it has effectively been
"waterproof" so what are damages? He'd be better off saving for a
professionaljob if it bothers him that much as hes not likely to get
to far. I would not be too sympathetic as a juror to someone buying
secondhand items

> On 19 Apr 2007 18:01:55 -0700, big...@backpacker.com wrote:
>
> > Buying
> >a used house is typically as is.
>
> His case may not be typical.
>
> Even with an 'as is' sale, the seller can be liable for false
> representations**. You'll be happy to know that if you ever get
> screwed.
>
> Whether the OP was screwed or not is another question.
>
> Basically I agree with Trader4
>
> **Contracts for the sale of land have to be in writing. I don't
> remember if that would mean that a representation that something is
> waterproof, or has 200amp service, or whatever, would also have to be
> in writing.



Posted by Goedjn on April 20, 2007, 2:54 pm


On 20 Apr 2007 03:09:24 -0700, bigjim@backpacker.com wrote:

>Yes false representation is an exception to as is. But we havent seen
>the listing or anything in writing that ststes "waterproof". Plus
>the OP hasnt had any water in basement so it has effectively been
>"waterproof" so what are damages? He'd be better off saving for a
>professionaljob if it bothers him that much as hes not likely to get
>to far. I would not be too sympathetic as a juror to someone buying
>secondhand items


Yes, but this guy is asking for legal advice on Usenet,
and jurys are often more sympathetic when the plaintif
is mentally defective. Taking advantage of speds is
just plain wrong.






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