I just bought a house one week ago. Found out that the house has a big rat problem in the crawl space. I did get a thorough inspection done and no pests/bug problems were even noted in the report. I also refused a pest inspection and bought the house "as is" with no guarantees, and no warranties on the house and condition. Can I take any course of action towards the seller at all?? One thing it does say in the "offer to purchase real estate contract" is taking future disputes to an arbitrator. Can I do this or did I let this all fall on myself?
Unfortunately, if you bought the house As-is you have no recourse against the seller. If you had an inspection, you may have a claim against the inspector if they were negligent in the thoroughness of the inspection.
Well what if they knew about this infestation prior to selling the house to me and just hid it? Can I do something then, like sue them or get them for fraud?
Not if you bought the house as-is and were able to inspect the property. When you buy a property as-is you really need to be thorough in your due diligence because after the closing you are walking away without any warranties regarding the condition .
So what is the arbitration clause in the contract for then?
Issues regarding breach of contract, such as a refusal to close.
Are you 100% positive I can't do ANYTHING at all against the seller?? I feel like there has to be something..this is a very big issue.
Yes, I am certain that you will not be successful in an action against the seller for rodent infestation after an as-is transaction.
ok, one more question, the "offer to purchase real estate contract" was just a basic contract from keller williams, with the "as is" clause as number 15 listed on this contract. I heard their contracts don't necessarily cover everything and that the sellers should of used an "as is" form from a lawyer to make it completely legit. Is this true or is the keller williams contract just as safe?
You can try to sue for fraud if you want. I do not think your facts present a claim upon which you are likely prevail. However, I am not the one you need to convince and I have not seen your contract and maybe the seller hid something from you in a fraudulent manner.Usually, when I deal with an as-is contract I have all parties initial the clause to confirm they know. You do, however, seem aware that your transaction was as-is.
Am I able to call around to local extermination companies and see if the previous owners recieved any treatment for rats? If they did am I able to use that against them? Thank you for your patience.
I do not see it happening. You can try suing and see if they will throw something at you to settle for nuisance value.It is just tough to overcome the as-is element. I am sorry to bear bad news.
Over 25 years of legal experience.
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