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Kellyp57

Undisclosed cat urine issue, no inspection

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My husband and I just closed on a townhouse yesterday.  On the first viewing there was a very faint urine smell that the realtor said she barely smelled.  She said maybe they did not was the floors before they left (referring to the renters the seller had in the unit prior to selling).  Second visit was with sellers agent to see if I still liked it and I wanted to see if smell still there and if he could explain it.  Again still there but faint. He had no idea and we agreed maybe “a pet smell” in the floor and it could be an easy fix by cleaning at worst replacing pergo.  

 

Because we needed a fast closing due to school starting and already had moved from leased unit and was living August in our camper, we waved inspection (being a townhouse and we didn’t think we had to worry about exterior and all interior washer, dryer appliances, forced hot air and  a/c in working order and there were no disclosures).  Our buyer realtor advised us to get it, but we said nah, they would have disclosed any real problem.  

 

Day one that we closed, I had a home cleaner at my house at closing to wash the entire house before we started moving anything in.  She found cat urine on all baseboards. After washing it was still smelling and getting worse.  She opened a floor grate to wash and the smell burst out like nothing we had ever smelled before.  The cat urine is in the air ducts!!!  There was NO WAY anyone did not know about it! We were told during the second walk through the carpets were just replaced and if that was the case, they would have HAD to have removed grates to do that and would have found the issue. 

 

I wish there was something we could do to hold them responsible for non-disclosure.  

 

Kelly

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1 hour ago, Kellyp57 said:

wish there was something we could do to hold them responsible for non-disclosure.

 

There isn't. You had every opportunity to do a thorough inspection of all the nooks and crannies, but you didn't.

 

Two lessons:

 

1 - Always inspect thoroughly.

 

2 - Never believe anything anybody tells you when they are trying to sell you something. Even your buyer agent is going to lie to you to make sure the sale goes through without a hitch. Any belief that a buyer's agent represents the buyer's interests is delusional.

 

 

 

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I agree with the prior response, but only to a point.

 

First, whether there was any disclosure obligation with something like this depends on the applicable state law.  Unfortunately, you chose to ignore the pull-down menu that allows you to identify your state.

 

Second, if seller or seller's agent made a misrepresentation, that could be actionable.  However, it does not appear that you spoke with the seller.  Rather, you spoke with your agent, who obviously wouldn't know anything, and the seller's agent, but you didn't describe anything that the seller's agent told you, so it doesn't appear that any actionable representation was made.

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