The question is more where DOESN'T it grow here.
Unless poison ivy is an extreme rarity in MA the buyers have to take responsibility for recognizing it, cautioning their children and dealing with it.
You thought you had dealt with it and that it was no longer an issue so technically, to your knowledge,poison ivy was NOT present at the time of the sale.
People really amaze me (not always in a good way) sometimes.
You, however, did good and I think your sellers were lucky to have you (and their helpful neighbors).
Yes, it was known that there had been poison ivy on the property at some point prior to the sale. I'd say I did not know if there was poison ivy at the time of the sale (because I'd pulled it up and therefore might reasonably assume it'd been removed prior to sale). I'd add that I did not know if it'd return or be present the following year.
I'd continue that it wasn't disclosed because there was no reason to disclose it, any more than the disclosure of any plant or grass or weed or insect needs to be disclosed. (If I saw a mosquito, and sprayed some Raid at it, would I be expected to disclose, even if the mosquito theoretically could carry the West Nile Virus? If I saw a neighborhood cat or dog wander into the yard, would I be expected to disclose, even though that animal might have fleas that could transmit the bubonic plague? And even if there's no West Nile Virus or bubonic plague involved, mosquitos can bite and cause itching, as can fleas.)
And I'd say, as politely as possible, that poison ivy--like mosquitos--are a natural part of outdoor life and while I understand that the rash from poison ivy can be uncomfortable, that all appropriate disclosures were made.
Great question! I have to agree with Heidi on this one.... Poison Ivy is a weed, not an environmental hazard...or anything that could compromise the integrity of the property. It's a fact of life....like mosquitoes!
I'd be curious to see what other agents think...and a Real Estate Attorney if there is one out there who cares to chime in!
Thanks for the post!
RE/MAX Signature Properties
The buyers are right, it should have been disclosed. But, your omission was not borne out of an intention to deceive. If you were diligent with the rest of the disclosures on the house, and you treated the buyers and their agent fairly and respectfully during the original transaction, it would be hard to prove negligence. A sincere apology to the buyers for the mistake should be sufficient Nobody is perfect.
The story reminds of that old adage "No good deed goes unpunished"
Since you had pulled it up, as far as you were concerned there was no known poison ivy at the time of sale. And no one can tell if and when it will come back. I had my yard professionally eradicated years ago. Eventually it came back.
Good question though! It would be interesting to hear what an attorney would say.
and drop it by the buyer agent's office.
Great question. The sellers did not know about it and as a result they were not part of their disclosures. However, they should have been part of yours.
So you should inform them, what happened.
Now that I just embarrassed myself by admitting my insecurities, I think I'll go now.
At this point, the Seller's agent needs to tell the Buyer's agent exactly what you told us.
However, if a similar type of situation arises in the future, the Seller's agent should disclose the information much earlier ( when the Seller's disclosure is provided), and, ideally this would be in writing.
Here in Florida, all agents must "disclose to buyers all known facts that materially affect the value of residential property." I realize the incident you refer to may seem extreme (Where does it end?), perhaps even petty or "nitpicky", but if you were the Buyer and had young children, wouldn't you want to know?
Also, this whole unfortunately incident could have been avoided if the agent had disclosed what he knew prior to Buyer and Seller going under contract.
All the best,
Maggie Hawk, REALTOR
Watson Realty Corp.