Can I be liable for subfloor and carpet damages I didn’t know about if I disclosed that I had a pet?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.