Legal Question in Real Estate Law in New Jersey

Faliure to disclose information

I have recently just purchased a house. The property was found to be infested with fleas after settlement. The infestation was found to be in the home as well as the backyard area where the previous owners kept their dogs. This was not disclosed by the seller, representing agent or by any other inspection report. During the pre-closing walk through, I will admit that I did not see any evidence of the pests. I can only figure that the fleas came out after the animals were no longer present on the property. The cost for the home and backyard to be treated by a professional pest control company has cost me 371 dollars. I have contacted the previous owners through the real estate agencey and asked for the cost to be paid by the previous owners. They refuse, and say that they where insulted that I would have such a notion because the entire time they lived in the house they did not have fleas. Is there anything that I could do to have my money refunded?


Asked on 9/22/05, 9:31 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Faliure to disclose information

You could sue in small claims court against the prior owner, your home and your termite inspector and the brokers. I anticipate they will defend on the basis that this was not discovered during the home or termite inspection and that it was an unknown condition. However, a settlement might be reached due to the amount involved.

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Answered on 9/22/05, 10:49 am


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