I purchased a home on December 1, 2010. On December 10, 2010, I found a bat in the house. I Called my realtor and she contacted the former owners who insisted they had never had a bat problem. I called a bat specialist who arrived on December 13, 2010 and found that the attic was infested with bats! I paid $85.00 for the inspection and was quoted $2400 to come back in the spring to remove and seal home. He has a lifetime guarantee so the fee is understandable. I do not believe that I should be legally responsible for this fee. I do not have the money for the removal but it is necesary. What are my legal rights?
I appreciate the advice as soon as possible.
Duty to disclose defects in house
Sorry about your situation. However, trying to hold the seller or the agent liable for the expense may be difficult. Generally, under Massachusetts law, sellers of real estate (other than builders) do not owe a duty to disclose defects, even assuming they knew of the defect, unless that duty is created by law. So for example, with lead paint, there is a legal duty to disclose. Also, sellers cannot lie about defects.
The law is different for real estate agents and brokers. If you can prove he knew of the bats, then the real estate agent has a duty to disclose the defects. However, proving that knowledge could be very difficult and expensive. Sorry.