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Less than a month ago my husband and I purchased a property…

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Less than a month ago...
Less than a month ago my husband and I purchased a property in Wellsville, UT. We recently discovered that a colony of bats are living in our celing/walls. (our upstairs is a converted attic). The stench in the evening, when the bats are active, is pretty unbearable. The seller did not disclose the problem with the Bats -- even though we know for a fact that he knew about them. He did the remodling of the house, so he knew that this was a long standing problem. Our home owners insurance and home warranty will not cover the cost of the cleanup and removal of the bats. I want to sue the seller for non-disclosure. Basically, I want him to pay for the cost of the repairs, etc. Is that possible?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 4 minutes by:
6/28/2010
Real Estate Lawyer: Thomas McJD, Lawyer replied 8 years ago
Thomas McJD
Thomas McJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,516
Experience: Real Estate Attorney
Verified

Yes, it is possible. Failure to disclose this type of problem is not only fraudulent but a violation of various statutes concerning disclosure of home issues. You should talk to a local attorney regarding the possibility of filing suit.

 

 

 

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You understand that your use of or communication on this forum, in any and all ways, is intended for general informational purposes only and shall not constitute and/or be relied upon as legal advice or be construed as creating an attorney-client relationship. Further, you agree not to rely on anything I say and will obtain appropriate legal and or tax advice with an attorney or other professional licensed to practice in the jurisdiction where your legal or other issue arises.

 

 

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Customer reply replied 8 years ago
Do we have to contact an attorney? We already have the huge expense of cleaning this up -- and we don't want to double our costs with attorney fees. We were hoping to take this to small claims court -- since, we are hoping that this will come to under 5000.00. An attorney will cost more than the the repairs, I think. Do you know if in Utah we can recoup the attorney fees with the small claims court suit?
Real Estate Lawyer: Thomas McJD, Lawyer replied 8 years ago

The general rule is that attorney fees are not recoverable in a lawsuit. I do not know whether your situation would trigger an exception to that general rule, but you may be able to find that information on the internet if you keep digging around.

 

You may also have a cause of action under RESPA (look that up - real estate settlement procedures act) which may provide for attorneys fees. That is something to specifically do some research on.

 

You also do not have to hire an attorney, but your most likely to be successful with an attorney's aid.

 

 

 

_________________________________________________________________________________________________

 

 

You understand that your use of or communication on this forum, in any and all ways, is intended for general informational purposes only and shall not constitute and/or be relied upon as legal advice or be construed as creating an attorney-client relationship. Further, you agree not to rely on anything I say and will obtain appropriate legal and or tax advice with an attorney or other professional licensed to practice in the jurisdiction where your legal or other issue arises.

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