Legal Question in Real Estate Law in Pennsylvania

Undisclosed cat urine and concealment

After closing on a condo, we discovered the seller did not disclose on the disclosure statement that their cat had been urinating in the corner down stairs. In fact, they concealed the fact by putting an oil perfumey smelling plug-in deodorizer in the outlet and unscrewed the light in the hallway so we couldn't see the stains. They also did not disclose a very large wine stain in the diningroom. Which was concealed by a large planter. The sellers signed an addendum to the sales agreement to have the carpets ''steam cleaned'' but they had it chemically cleaned. It brought out the putrid smell of cat urine and the house was uninhabitable until we ripped up the carpet, cleaned, and sealed the area. What can we do to recover the time, money and expense to put in new carpet? We have pictures, the smelly carpet, the deodorizer and documented time to clean it up plus estimates for new carpet. Is this Fraud? Should we mediate, take them to small claims or criminal court?


Asked on 1/20/05, 2:34 pm

3 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Undisclosed cat urine and concealment

The behavior probably does not rise to the level of a crime. Your sales agreement and contract law principles will govern the likelyhood of you ability to provail at trial. A lawyer can be a large help in forcing a party to make an agreement to make restitution or pay other contract damages. I offer free consultations.

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Answered on 1/20/05, 3:41 pm
Michael Carroll Michael D. Carroll, L.L.C.

Re: Undisclosed cat urine and concealment

You may have a possible claim for damages if the seller knew and concealed. You need to obtain a breakdown of your damages and file in civil court.

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Answered on 1/20/05, 5:14 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Undisclosed cat urine and concealment

You have several possible claims against the seller...however, only if you act within a certain amount of time. I therefore recommend immediately contacting an attorney for a consultaion!

My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law

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Answered on 1/20/05, 11:44 pm


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