Can I sue a previous home owner that didn't tell me that had a bat problem?
This last summer/fall we noticed we had a bat problem. we paid someone $200 to come out and take care of the problem.
then last night we had another one.
2007-12-21 04:28:09 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The only way we new that there was a previous bat problem, was because when we paid some to come and fix the problem, he could tell that they had tried to fix it before! that is what they told us anyways!
I am not sue happy, I am just a little up set. I am just wondering
thanks!
2007-12-21 04:47:06 · update #1
The law on this is difficult.
If there is no evidence that the previous owner knew that there was a bat problem, then you'll lose the case. The previous owner is required to state all of the KNOWN problems of the house as a condition of selling. If he withheld the information to you then you would win -- but you would have to find someone or some information that the previous owner had known about it, or else its your word against his.
Did you have your home inspected before purchase? Your home inspector should have brought it up, if there was a previous problem. If he did not, then its very possible there never was a problem previously.
However, if you paid someone $200 to take care of the bat problem, and the problem returned, then I would complain to them about it.
2007-12-21 04:33:08 · answer #1 · answered by falcon 4 · 3⤊ 0⤋
Bats can get into even the smallest cracks, and one or two does not a problem make. You cannot sue the former owners for an occasional bat -- bats are just a fact of life sometimes. Maybe sue the bat for trespassing?
2007-12-21 12:31:19 · answer #2 · answered by Susie D 6 · 3⤊ 0⤋
I don't really know, but I sure think we should and I think it's worth a shot. We had a termite problem that we weren't told about, yet they swarm every spring. You can't tell me they didn't know about it if they had been there through a spring! My husband insists you can't sue the previous owners or the real estate people that sold it for nondisclosure, but we never saw a lawyer about it. Go after, not just the previous owners but the real estate people who sold it. They're legally bound to disclose problems to you and to advice the sellers to do the same. Please, go see a lawyer, not just for your problem, but for me, too! I hope you get more than $200! Good luck!
2007-12-21 12:33:24 · answer #3 · answered by Anonymous · 0⤊ 2⤋
You can sue anybody if you put your mind to it, but you would lose this one. How could you prove they knew they had a bat problem?
2007-12-21 12:31:47 · answer #4 · answered by Buying is Voting 7 · 1⤊ 0⤋
You would have to prove they knew it was a persistent problem. It would be difficult to prove it.
Are they getting in the attic? If you plug all the little holes with a can of "great stuff" or similar liquid foam, it will keep pests out in the long term.
2007-12-21 12:30:58 · answer #5 · answered by guyster 6 · 2⤊ 0⤋
Did you do a walk thru? Get an inspection?
Buyer beware. ANyone can sue anyone; but odds are you'll be throwing good money after bad.
2007-12-21 12:32:38 · answer #6 · answered by wizjp 7 · 2⤊ 0⤋
IDK but is it possible that they will argue that the bat problem has occurred since you bought the property. It really is a trivial lawsuit if it is one at all. Some judges may also say that you had opportunity to inspect it and that unless warranty is implied you have no case. Sorry.
2007-12-21 12:31:38 · answer #7 · answered by know it all 3 · 3⤊ 0⤋
I don't think so. There's an old saying BUYER BEWARE. besides the owners may not have known
2007-12-21 12:31:56 · answer #8 · answered by darbygirl 4 · 1⤊ 0⤋