QUESTION
Can the seller of our house pay for the costs of bat eviction?
Asked on Sep 02nd, 2014 on Estate Planning - Pennsylvania
More details to this question:
My husband and I purchased a home in April and we now have noticed that there have been HUNDREDS of bats living in the attic. We have had a few flying around the home. We now know that the seller was aware of the problem and did not take care of it because of the cost. However, they did not disclose any kind of issue with "wildlife". The "attic" is a finished space and that is where our kids play and we have a bedroom there. The bats are living in the space between the ceiling of the finished rooms and the roof. We have already contacted wildlife services and they have started taking measures to evict the bats. We want to know if there is anything we can do legally to get the sellers to pay for the issues they have caused our family.
1 ANSWER
3 Awards
Have a lawyer look at the sales contract. I can tell you that the last time I had a similar case (not bats), the buyer needed to prove with clear and convincing evidence that the seller actively hid concealed a problem. On the other hand, you had the duty to have a home inspection which should have picked up on that. It is a tough situation, but I wouldn't let it go without having a real estate lawyer look at the disclosures, the sales agreement and document what evidence do you have that the seller knew of the bats and hid it from you.
Answered on Sep 03rd, 2014 at 12:23 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900