Keeping a Close Eye On the Master Plan

In Rockville, buyers have to sign an acknowledgement that they were given an opportunity to look at the city's land-use documents and were either shown a copy of the plan by the selling agent or were escorted to a place where they could look at it.

If the property is a new home or an unimproved lot, the buyer has to provide a copy of the recorded subdivision plat, according to the contract.

Howard County's addendum says sellers of new and existing homes are required by county code to notify buyers if the property "may be affected" by plans for roadway improvements and land use. The contract gives buyers the right to examine general plan maps. New-home sellers have to keep a copy of the general plan maps and county zoning map in the model home, sales office or at the property.

If notice is provided within less than two days of signing a contract, the Howard County buyer has the right to give written notice to the seller of an intent to rescind the contract and get the deposit back.

Failure to provide the maps doesn't invalidate the contract but would constitute a violation of the law.

The home-sales contract in Prince George's County says buyers have the right to review plans and maps and directs them to the Maryland-National Capital Park and Planning Commission office in Upper Marlboro. Sellers must certify that they have no knowledge of any published preliminary plan, adopted plan or amendment that would result in the condemnation or taking of part of the property.

Other jurisdictions in Maryland can enact their own language.

Because Virginia law is silent on the issue, buyers there must do their own homework, said James C. "Beau" Brincefield Jr., an Alexandria lawyer who specializes in challenging builders' contracts.

"They don't tell you about the plan or direct you to the plan," Brincefield said. "And more basic, every builder that I know of in Northern Virginia reserves the right in their contract to create easements and rights of way over the home buyer's lot even after they've settled."

He said, "You can wake up one morning and find out that the bike path is going through your back yard." He said he had a client two years ago "who literally had that happen."

Another client, he said, "five years ago bought a lot next to virgin land with a bunch of trees, and that land was owned by the county. And nobody told him that the county was reserving that lot for a firehouse. Five years later . . . ding, ding ding."

Brincefield said the hot housing market of recent years made it even more likely that buyers might skip going to the county planning offices to check for themselves.