QUESTION

Failure to disclose rodent infestation

Asked on Feb 27th, 2014 on Residential Real Estate - Colorado
More details to this question:
Made offer on foreclosure. No infestation was visible at first viewing. 1 month later inspection revealed severe rodent infestation. Notified seller, requesting sanitation. Received noticed that he was working the issue. I then was put in a situation where I could not back out on the sale of my previous or new home. Seller now says contract states "as is" and that I closed on the house knowing about the infestation. Pest control found over 20 nests in basements, mouse blood and severe contamination due to mouse droppings in the entire house, basement, crawl space, vents, ducts, carpets, etc.. Contractors supposedly performed maintenance. They must have known, my neighbors know that previous owners already had rodent issues. The severity of infestation did not happen in the time I negotiated with seller. How do I proof failure to disclose? Is there any legal recourse that makes "as is" clause invalid since it was a severe infestation and made my house a hazardous environment. Thank you.
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
You should consult with and attorney so that the exact facts can be discussed.   If you were negotiating with the owner as the seller and they failed to disclose a known material defect which could not be discovered through a reasonable inspection then you may have a case.  However, in buying foreclosures one normally buys in an "as is" condition where the buyer assumes the risk.  This will be dependant upon the specific language of the buy/sell contract.   Good luck, Don Eby
Answered on Feb 28th, 2014 at 3:43 PM

Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.

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