Does a selling agent have to disclose that there was a history of rats in the unit being sold?

Is disclosure legally required?

Asked on September 24, 2015 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on how current or likely to be repeated were the rats. A seller--and note it is the seller him/her/itself which has the disclosure obligation, not the seller's agent--must disclose material, or important, facts that affect health, safety, habitability, or value. If there recently rats, or the building or unit periodically or recurringly has rats, that is a material fact which should be disclosed. If the last rat were seen, however, two or more years ago, and the infestation was treated and has not recurred, then they most likely do not need to disclose.

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