what is the sellers liability when selling property he knew had an expense problem he failed to disclose to anyone.seller, realestate agent etc.

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what is the sellers liability when selling property he knew had an expense problem he failed to disclose to anyone.seller, realestate agent etc.

seller had bamboo planted in his back yard, being very aggressive the bamboo moved into all neighbors yards, choking out banana trees, breaking sprinkler systems growing under sidewalks.When I bought the property, the bamboo had been dug up and yard resodded.I found out from a neighbor that this has been going on for 3 yrsdocumented with pictures and e-mails to the ownerand the bamboo is back in everyones yard.

Asked on February 13, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If there was a known--but not obvious on walk through or inspection--issue, cost, problem, etc. which the seller knowingly failed to disclose, the seller has likely committed fraud. Fraud could give you a basis to sue for *all* the costs--such as whatever the cost would be to to correctly remove the bamboo--as well as for any liability imposed on you as the new owner. You should yourself do whatever it takes to remove the bamboo, to show that you are promply taking reasonable steps and therefore would not be liable for bamboo-related damage (as long as you deal with it aggressivlely, you should not be liable for what happened prior to you owning the property; you are only liable for what you personally do or fail to do) and then sue (if the seller won't voluntarily pay you) for all the costs thereof.


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