Damaged Sub floors from pet urine after closing

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Damaged Sub floors from pet urine after closing

We found extensive urine stain when our carpet contractor removed all carpeting after closing. He said he vacuum around 10 lbs of carpet powder after he ripped out the carpets. He didn’t want to continue putting the carpet on because he said we have to treat it before we put the carpet in. I want to know what I can do at this point. The seller disclosure did not mention anything about having pets.

Asked on February 27, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The only way to hold the seller liable or responsible would be if you can show they committed fraud. To do that, you would have to show that they did know of the issue, or logically must have known (that is, any reasonable seller in their position would have known), and that despite knowing, failed to disclose it to you. If you could show this in court (that is, in a lawsuit), you could get a court judgment requiring them to pay the remediation costs. But if they did not know or you cannot prove their knowledge, they would not be liable; fraud liability is based on a knowing lie, but you cannot lie about things you are unaware of.


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