If I just bought a new condo only to discover it has bed bugs, who is responsible for this?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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.