Full question:
We purchased two fourplex dwellings on a contract for deed from a gentleman. The purchases agreements were made as-is due to the seller never having lived on either property. No professional inspection was made of the property. No physical evidence of anything out of the ordinary were visible. After closing, our tenants informed us of a serious rat infestation issue, which was not disclosed to us. We called the seller who informed us that there had been a minor rat infestation issue, but that it had been handled. We have rats, and lots of them. The city fire department informed us yesterday that the rat infestation issue was such that at one point the health inspectors were called in. Again, this was not disclosed to us prior to closing or even before entering into a purchase agreement. What legal recourse do we have?
- Category: Real Property
- Subcategory: Seller's Disclosures
- Date:
- State: Minnesota
Answer:
In general, the law does not require one party in a contract to disclose information that the other party does not ask about. This is known as nondisclosure. The expectation is that the party lacking knowledge should ask questions rather than rely on the other party to provide information voluntarily.
For example, if a buyer notices cracks in a house but assumes they are minor, the seller is not obligated to disclose any underlying issues. In your case, the seller did not disclose the rat infestation, and if they were aware of it, this could be considered a failure to disclose important information. However, proving legal recourse may be challenging due to the as-is nature of your purchase agreement.
You may want to consult with a local attorney who specializes in real estate law to explore your options, as the specifics can vary by state. Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.