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#1 of 6 Old 11-08-2010, 01:31 PM - Thread Starter
 
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We just purchase a home about 3 months ago in Tennessee. When we came to look at the home we did not find too much wrong with the house except a few things we figured we would be fine with. It seemed like a well maintained home. After waiting 60 days to close, we came to the house for our final inspection and found that there was dog poop through out the yard. The home told me he as going to clean it up. Well, as soon as sign the papers to close and returned to the house the find the yard COVERED with dog poop (more than I saw the day before). As the days go on we find cat urine in every corner of the down stairs. So we had to pull up the hardwood flooring. At first we thought the problem (which was extensive) was only in the dining room. As we tear up more flooring in the kitchen, the eat-in nook, the FOOD PANTRY, the family room, we find more areas of cat urine damage. Oh, I failed to mentioned that within a week of moving in we were attack by fleas (no lie). We had to ask our landlord if we could extend our lease so we could sleep at the condo at night (the fleas were really bad).

When we saw the house the weather was cooler and I think they had the AC was on. We didn't catch the smell because they also covered it in air fresheners. Neither did my realtor or the inspector. When we moved in it was August and the heat brought out smell. Right now we just pulled up MORE urine soaked hardwood and house smells like a big litterbox. Can we sue to get money toward replacing the hardwood floors? We have pictures of all the damage, including our 3 year old twins looking like they had chickenpox (from the flea bites). We paid alot for this toilet. Right now my house smells like BIN primer (the kids are preschool right now). So much for healthy living.

What would you do in this situation?

Thanks for any help.

SAHM to a set of beautiful twins :, one beautiful angel baby (baby c), and one crazy furbaby :
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#2 of 6 Old 11-08-2010, 01:47 PM
 
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Did you get the promise to clean-up the poop before closing in writing? Anything about the cat pee damage and other issues? I'm afraid you wouldn't be able to sue for anything you didn't get in writing. If they knew about certain health hazards or broken things they'd be legally obligated to tell you (mostly lead paint and such). This stuff sounds like things that would be up to you and your inspectors to learn and address prior to closing.
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#3 of 6 Old 11-08-2010, 03:16 PM
 
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Talk to a real estate lawyer, asap. lawyer will be able to advise you if you can expect to get damages. Defect disclosure laws vary by state. In some extreme cases a purchase can be reversed, and the seller ends up owning the defective house again, buyer gets money back.

To identify where there is urine, you can use a UV light. get one online or talk with a local pest controller.

Finally, put on the kitchen and bathroom vent fans and run them 24 hours a day until the paint fumes go away. *might* help a little.
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#4 of 6 Old 11-08-2010, 03:17 PM
 
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This is no where near as big of an issue as what you are facing, but when we bought our last house and moved in, there was a ton of nasty chunks of carpet left in the attached garage. It seemed like the cats stayed out there without a litter box, but the house was nice. There was also a bunch of stuff left in the shed (broken lawn mowers and other junk). We called are realtor who contacted the seller. He came back and got a lot of the junk taken care of. Our contract (which I think is standard) said the home had to be in "broom clean" condition, and it was not. I think the guy just ran out of time and left some things. See if your realtor will talk to the seller about at least taking care of the yard. It never hurts to ask.

Mom to Sam (3/2007), Bekah (4/2009)hbac.gif, Jedidiah (4/2012)hbac.gif, and expecting #4 in March!
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#5 of 6 Old 11-12-2010, 09:59 PM - Thread Starter
 
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Thanks for responding.  The yard is not really a problem.  I cleaned it up myself.  The fleas we were able to get rid of with the help of a pest control service.  The problem is the hardwood flooring and subflooring underneath it.  We did not know about the damage to the floors.  The urine settle under the flooring.  We had to remove the hardwood flooring in the foyer, dining room, kitchen, eat-in area and we are probably going to have to remove it from the family room.  Pretty much the whole downstairs.  They tried to cover it up by putting polyurethane (sp??) on the floors.  This is our first house and it has been a headache since we moved in.  ugh.  I wish they could be held accountable for this.  We did speak with a lawyer and he reviewed the pictures and said we had a case but said it might be very expensive to try to sue them.  :( this is just not right.


SAHM to a set of beautiful twins :, one beautiful angel baby (baby c), and one crazy furbaby :
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#6 of 6 Old 11-12-2010, 10:16 PM
 
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oh - this is awful. I am a realtor - never had anything like this happen.

 

Have you ever contacted the listing realtor to see if the seller would compensate you in anyway?  sometimes a strongly worded letter from a lawyer holds a lot of weight.

 

The laws do vary depending on where you live - but it does seem that they covered up an issue which should have been disclosed.

 

I am sorry this happened to you.

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