On behalf of Anthony F. Geraci of Geraci Law Firm posted in Real Estate
Disputes on Wednesday, July 22, 2015.
In California and elsewhere, the handling of real estate disputes is a
basic task of the experienced real estate attorney. Sometimes disputes
arise between a buyer and seller prior to the closing of a
residential real estate sales transaction. These must be resolved in some way agreeable to all
parties before the closing can be successfully completed.
Disputes over residential properties may also arise after sale is complete
and the buyers have moved in. These will often concern a hidden defect.
If the buyers can establish that the defect was hidden and not reasonably
discoverable, and that the sellers knew or reasonably should have known
of the problem, the buyers may have legal remedies, including the possibility
of the return of their money and other damages.
One case recent case probably stands as one of the more shocking real estate
stories on record. After the buyers settled in to their $410,000 dream
home, they began to find a swarm of snakes coming out of the walls in
their unfinished basement and elsewhere in the home. They ranged from
baby snakes to adult ones that were seven feet long.
After spending over $60,000 to try and rid the property of the snakes,
experts who examined the home reported that it was a lost cause. The snakes
had permanently taken over the premises. Even mass destruction and rebuilding
might not eradicate them because their phenomes would remain in the soil
and they would return to procreate.
The experts said that the snakes were not dangerous and were only interested
in baby squirrels as their main dish. That did not lessen the buyers'
nightmares or worries about their young children and baby. They moved
out and filed a $2 million lawsuit against the buyers and the real estate
agency. It seems unlikely that a problem of that magnitude could not have
been known to the sellers, but that remains to be established by credible
evidence. Failing to reveal a serious hidden defect during a residential
real estate transaction can be the grounds for damages to be awarded to
the buyers, both in California and all other states.
Source: Los Alamitos-Seal Beach, Ca. Patch, "New Twist in Case of 'Million Snakes' That Chased Couple from Home", Deb Belt, July 15, 2015