If I just bought a new condo only to discover it has bed bugs, who is responsible for this?
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If I just bought a new condo only to discover it has bed bugs, who is responsible for this?
Is the HOA to blame or my realtor?
Asked on July 1, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The realtor would be to blame--and potentially liable--only if the realtor had actual knowledge of the condition and failed to disclose it. The realtor is not charged with a duty to inspect the property to discover conditions like pest infestations, so there is no liability for failing to find and disclose them. There is liability only if you can show that the realtor affirmatively had knowledge (e.g. was told by the seller or an exterminator) and then failed to disclose.
The HOA would only be responsible if the HOA agreement(s) and rules make them responsible for interior pest control--which is very unlikely.
It is possible you could hold the seller liable if you could show that the seller knew of the problem and neither corrected it nor disclosed it; however, since it would take legal action to do this, it's not clear that it would be cost effective to try to bring and prove this case.
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