Question: We
just recently closed on a home and upon moving in, we discovered a horrible cat
urine smell in the master bedroom closet. While trying to resolve the problem,
we noticed some stains on the carpet.
I
am curious to know if the previous owner and their broker are obligated to
disclose pet damage to the area. They were the only owners of the home and up
to this point have denied the existence of a cat. Based on the smell and the
stains, it appears otherwise. Do we have any recourse?
Answer: When you buy real
estate owners have an obligation to disclose material defects -- and buyers
have an obligation to protect their interests.
Did
you make the sale contingent on a home inspection satisfactory to you? Was the closet somehow off limits? Were the
stains purposely hidden? If the odor is now so pronounced, why did you not
notice it during the pre-closing walk through or when you originally looked at
the home?
The
owners, if they had a cat, could say with some justice that the property
reflects normal wear and tear and that you were not promised real estate
perfection.
Question:
I
have just put up a new privacy fence -- and paid for the whole thing. And now a friend tells me that my neighbors
may have been responsible for some of the cost. Is this true?
Answer: You put up the fence on your property. You
selected the height and style. Your
neighbors, if they like fences, are the beneficiary of your kind gesture. Someone we know told us before
putting up a fence on their property they went to the neighbors and asked them
to chip-in. And they did.
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