Legal Question in Real Estate Law in Virginia
Built new home --- now incurably infested with flies (health issues)
My wife and I just had a home built(Jan 2006) in VA. It's situated out in the country on 3 acres of land (BUILDER PROVIDED). There is a chicken farm on the same road. While visiting the home during construction, the man who owns the small business next door proceded to tell us to do anything we could to get out of buying this house because the flies will be horrible. We did some research on this claim and could not turn up any FORMAL complaints with the health dept from other residents, but there are only 2 other homes on the road. We had our attorney send a letter to the builder expressing our desire to dissolve the contract and have a home built elsewhere. The builder and his agent insisted that it's ''country living'' to have bugs and the guy next door may have an interest in getting us out of this house. His agent then threatened us and said if we didn't have formal proof we would do our talking in court. So we backed down and purchased the home. Now that it's warming up the flies are everywhere. Inside the house or cars every time you open the doors. Crawling on our food, our baby's bottles,toys and clothes. It honestly has to be approaching industrial infestation levels, not just residential. We feel taken. What can we do?
1 Answer from Attorneys
Re: Built new home --- now incurably infested with flies (health issues)
What would be your charge against the seller: failure to disclose a material defect in the property(which is not even required in Virginia
on the part of the seller)?
I'd say you're likely pretty much stuck with the flies-----and who knows what else. It would appear that your better course of action would have been to call the seller's agent on his bluff
when you had the opportunity to do so.
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