Can I be liable for subfloor and carpet damages I didn’t know about if I disclosed that I had a pet?

UPDATED: Sep 15, 2015

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Can I be liable for subfloor and carpet damages I didn’t know about if I disclosed that I had a pet?

This is a home sale.

Asked on September 15, 2015 under Real Estate Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

d on what you write, you would only liable for such damages if you did know--or reasonably should have known--about them and failed to disclose them. Of course, the buyers may not believe you, in which case they may sue you if you do not voluntarily pay them. Note you don't have to pay unless they sue you and win. To prevail, they'd have to prove in court, by a "preponderance of the evidence" i.e. that it is more likely than not that you either did know, or based on the facts and circumstances, any reasonable person in your position would have known, of the damage.

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