- Jurisdiction
- Massachusetts
Hello
I recently closed on a property in Massachusetts.
On final walkthrough - the house had a strange odor and was ripe with mothballs - but wife and I and our realtor wrote this off to strong cleaning supplies.
After closing it has come to our attention that the owner knew that they had a skunk problem and that is what was being hidden by the scents, mothballs, etc that obscured the smell.
Based on a couple of wildlife experts - sounds like we have a dead skunk under a room that has no access.
The house smells terrible at this point and this is preventing us from moving in.
Sounds like my next steps are to tear up a floor to uearth the critter and get rid of it - and then start the cleaning process from there.
I'm wanting to know what options we have here to go after either the previous owner or the realtor representing the seller.
A few other notes:
1 A home handyman that used to work for previous owner stopped by offering to plow our driveway - talked to him for a while and he indicated that the owner knew about the skunks at closing as he was at the house a day or so prior.
1.A There is no clear indication that the sellers raltor knew of the skunks
2 A side issue that may come into play here - the sellers realtor indicated that the seller also paid 30,000 for repairs to a barn behind the main house
2.A the same handyman has indicated that he was the one who performed the work on the barn and while I do ot have a nuber from him yet I'm fairly certain based on conversatins with him that he was not paid 30,000 for this repair.
It is my understanding that in Massachusetts a seller is not required to disclose this information (so while crappy thing to do - not illegal).
It is also my understanding that in Massachusetts that a sellers realtor is required to disclose information that would influence a buyer's decision to purchase the property.
A few questions along with request for advice?
Is there a case here for the skunks against either the realtor or the seller?
If so who and what is the premise?
Regarding the $30,000 repair indicated by the sellers realtor. Assuming I can get an indication from the handyman that he was not paid near that amount - what options are there to go after the realtor for either the difference paid, triple damages?
Is there any case here for additional costs or losses? Home repairs as a result of skunks, additional home repairs to barn since it was under completed? pain or distress from not being able to move into house?
I recently closed on a property in Massachusetts.
On final walkthrough - the house had a strange odor and was ripe with mothballs - but wife and I and our realtor wrote this off to strong cleaning supplies.
After closing it has come to our attention that the owner knew that they had a skunk problem and that is what was being hidden by the scents, mothballs, etc that obscured the smell.
Based on a couple of wildlife experts - sounds like we have a dead skunk under a room that has no access.
The house smells terrible at this point and this is preventing us from moving in.
Sounds like my next steps are to tear up a floor to uearth the critter and get rid of it - and then start the cleaning process from there.
I'm wanting to know what options we have here to go after either the previous owner or the realtor representing the seller.
A few other notes:
1 A home handyman that used to work for previous owner stopped by offering to plow our driveway - talked to him for a while and he indicated that the owner knew about the skunks at closing as he was at the house a day or so prior.
1.A There is no clear indication that the sellers raltor knew of the skunks
2 A side issue that may come into play here - the sellers realtor indicated that the seller also paid 30,000 for repairs to a barn behind the main house
2.A the same handyman has indicated that he was the one who performed the work on the barn and while I do ot have a nuber from him yet I'm fairly certain based on conversatins with him that he was not paid 30,000 for this repair.
It is my understanding that in Massachusetts a seller is not required to disclose this information (so while crappy thing to do - not illegal).
It is also my understanding that in Massachusetts that a sellers realtor is required to disclose information that would influence a buyer's decision to purchase the property.
A few questions along with request for advice?
Is there a case here for the skunks against either the realtor or the seller?
If so who and what is the premise?
Regarding the $30,000 repair indicated by the sellers realtor. Assuming I can get an indication from the handyman that he was not paid near that amount - what options are there to go after the realtor for either the difference paid, triple damages?
Is there any case here for additional costs or losses? Home repairs as a result of skunks, additional home repairs to barn since it was under completed? pain or distress from not being able to move into house?