The district court held that a landlord was not liable for negligence in implicitly but falsely representing that an apartment was in compliance with the Housing Code and fit for habitation where it contained flaking lead-based paint, and where there was no evidence that the landlord was aware of lead-based paint in the premises.

Hayes v. Humbruck, 841 F. Supp. 706 (D. Md. 1994), aff’d 64 F.3d 657 (4th Cir. 1995) (Unpublished opinion).

The case cited with approval and relied on Underwood v. Risman, 414 Mass. 96, 605 N.E.2d 832 (1993) (See summary, infra). See also Scoggins v. Dahne, 335 Md. 688, 645 A.2d 1160 (1994) (holding to the same effect).

Editor's Note: To see pre-1990 Broker Liability cases organized by jurisdiction, click here.

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