Legal Question in Real Estate Law in Georgia

The seller of the house I bought 2 years ago didn't mention the invasive nature of the bamboo stand next to the deck. So, 2 years in, I find that in the 15 years since the bamboo he planted has now spread up to 50 feet in all directions, is under the foundation of the house and garage and is growing into the walls of the house (to offer a visual - it looks like the roots are eating the house).

Question: does he have any liability for the damages, since the house invasion has gone on for sometime and he didn't reveal the aggressive nature of the plant in the property disclosure statement?

Where the form asked "Are there any other adverse, material facts pertaining to the physical condition of the property that have not otherwise been disclosed?", he answered, "No."

Clearly, the bamboo has a negative impact on my property value and is a threat to that of my neighbors.......So, do I have an actionable situation?


Asked on 5/12/15, 1:09 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

The first question is how can you show that the seller had knowledge? The next question is how did your inspection miss it? How did you just notice it 2 years in? It is somewhat common knowledge that many species of bamboo are VERY invasive, and presumably the bamboo was there when you had the ability to look at property before purchase? When you purchased, it became your problem to control. Finally, have you taken any steps to stop the growth? It can be done, and should be done. Now to your question, while it is possible you have a claim, you would have to prove the seller had knowledge, and the expense of a lawsuit might be more than just solving the problem with the right expert. Lawsuits cost thousands.

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Answered on 5/12/15, 1:24 pm


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