If it is known to previous owner that pet stains were in the carpet, should it be disclosed prior to close of escrow?

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If it is known to previous owner that pet stains were in the carpet, should it be disclosed prior to close of escrow?

We have purchased a home and pet urine stains were found in several rooms. The professional carpet was able to clean and deodorize the carpet but the stains still remain. We are prepared to have the carpet replaced in all the rooms, however, is the something that should have been disclosed to us prior to purchase? Does the previous owner have any responsibility in the cost for cleaning or replacement of the carpet?

Asked on June 17, 2012 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The prior owner may be responsible, if he or she knew of these conditions and failed to disclose them, since they are conditions which can be costly to remediate but which also would not be readily observable to a buyer during the limited visits or inspections the buyer would have prior to closing. It would be worthwhile to consult with an attorney about the situation in detail, to see if you have a case worth pursuing.


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