Home Selling in 95062>Question Details

Seller, Home Seller in Felton, CA

Are we responsible for pet odor/fleas that was NOT noticedbef ore sale closed, but became appearent after the place was empty for a month?

Asked by Seller, Felton, CA Fri Sep 30, 2011

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You are responsible to disclose all that you know about. If you didn't know about it, then it would be impossible for you to disclose...
1 vote Thank Flag Link Fri Sep 30, 2011
If you didn't notice, I imagine that you weren't responsible for disclosure. However, given they arose after your residency, you are likely responsible for at least part of the cleanup. It would be a nice favor to the buyer at least. I would call in a pest control company to advise you on the situation and the extent of the damage.

0 votes Thank Flag Link Fri Mar 6, 2015
When the buyer previewed the home, made and offer on the property, did their inspections which they were more than likely present for - something should have come up during one of those visits. It is always important that you as the seller disclose these things - however I might have thought that your Realtor could have helped your here as this type of odor is unmistakable. Always Disclose when possible. If the transaction is complete and closed the two agents should at least talk with each other to discuss what the actual issues are just to clear things up. Basically once all contingencies are released it means that the buyer is fully satisfied with the property and probably also did a final walk through with their Realtor where they had one last chance to speak to this. I hope this helps.

Ellen Carter, REALTOR & Senior Short Sale Negotiator
Mortgage Lien Elimination Specialist - DRE # 01417614
Directions Real Estate "Pointing You in the Right Direction"
Capitola, CA 95010
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0 votes Thank Flag Link Tue Oct 2, 2012
This is a very good question. Yes, I would suggest you are now the new home owner responsible for taking care of the problem. Best of luck!
0 votes Thank Flag Link Mon Oct 3, 2011
Lot's of things happen after the close of escrow and the home inspection. Was this disclosed during the inspection or due diligence period? If not I wouldn't even go to the unnecessary expense of hiring an attorney. Just refer to your inspection report. If that issue wasn't disclosed then I'd just say...........................NEXT!!

Fleas come and go at will just as termites do. You can have your home tented one day and be swarmed the next. As far as odors are concerned? It's not uncommon to experience emitting odors after a good carpet cleaning whence the carpet begins to dry.
0 votes Thank Flag Link Sun Oct 2, 2011
Are the buyers asking you to do repairs after the home has closed?

If so, take the ratified contract to a real estate attorney to see if you're liable for repairs after closing.

It has a lot to do with disclosure.

Good luck.
0 votes Thank Flag Link Sat Oct 1, 2011
Dear Seller,

Interesing question. Fleas are not that hard to get rid of, there are many pest contol companies that will treat for fleas. The thing about fleas is that it takes a couple of weeks for the eggs to hatch, and if it's warm (Summer) it encourages them to reproduce faster. Since escrow has closed I would say this is would be something the new owners should address. You could split the costs of the extermination if you feel it is a reasonable request, but I don't believe you are obligated.
0 votes Thank Flag Link Fri Sep 30, 2011
Most contracts will state what conditions the home is to be left in upon closing. A common term is "broom clean" meaning a reasonable level of cleanliness. One month after closing a home is likely to develop various odors whether it's from moisture or pests. Removing one family’s belongings will likely take one set of smells and with stagnant air, no cooking or living create a new set.
I would review the contract to ensure you complied with what was expected and if you did, call it good. If you feel bad about the fleas, offer to have the place flea bombed while it's still vacant.
New owners generally want to clean a home prior to moving in no matter how clean it is. If you want to do more it's up to you, but your obligation is to meet the terms of the contract.
0 votes Thank Flag Link Fri Sep 30, 2011
Hello Seller,

If the Buyer's made no request for repairs in writing dealing with these items prior to removing their contingencies and nothing was mentioned when they completed and submitted their final walk through paperwork then I do not see any reason why you should pay for these items. Now I'm not an Attorney, and this should not be taken as legal advice. Should you have any questions from a legal standpoint, then you should speak with an Attorney who specializes in real estate law. Be sure to bring all paperwork with you from the transaction. Good luck!

Warmest Regards,

0 votes Thank Flag Link Fri Sep 30, 2011
why was it claimed after the sale closed? if the home was vacant for the 30 days prior to the sale then it sounds like the buyer would have the ability to access the property prior to settlement. If they did a walk thru prior to sale then they should have brought it up then.

Check with your agent and your escrow attorney to see what they say since they have more info about your actual situation.

Good luck,
0 votes Thank Flag Link Fri Sep 30, 2011
Thank you. The buyers demanded a short escrow, we moved out with in days of signing the acceptance so they could have their inspections done. No infestation, or smell was noted upon said inspection. Escrow was not short, and buyer claimed it the day after close.
0 votes Thank Flag Link Fri Sep 30, 2011
Why was it empty for 30 days? Who owned it during that time period? Did the buyer do a "Walk thru" in the 5 days prior to close of escrow? But, more importantly, if you want to avoid the cost of litigation, it would be good topay the cost to have the house treated for the fleas... they multiply like crazy under those conditions, and probably came from your pet.
0 votes Thank Flag Link Fri Sep 30, 2011
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