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RECalifornia

Junior Member
What is the name of your state? California

House closed approx 3 weeks ago.. all inspections done.. all repairs completed and signed off prior to escrow. lisc RE agents on both sides.
seller had 3 pets
buyer is complaining of strong pet odor in the house and pet damage to carpet and requesting all carpets be replaced. (never requested during inspections or closing) seller did have carpets cleaned prior to close thought it was not requested by buyer.. what is the sellers responsiblity ? Seller wants the buyer to be happy but doesnt want to be taken advantage of ..any suggestions would be appreciated
 


RECalifornia said:
What is the name of your state? California

House closed approx 3 weeks ago.. all inspections done.. all repairs completed and signed off prior to escrow. lisc RE agents on both sides.
seller had 3 pets
buyer is complaining of strong pet odor in the house and pet damage to carpet and requesting all carpets be replaced. (never requested during inspections or closing) seller did have carpets cleaned prior to close thought it was not requested by buyer.. what is the sellers responsiblity ? Seller wants the buyer to be happy but doesnt want to be taken advantage of ..any suggestions would be appreciated
Did the seller disclose the pet damage on the carpet? That is one of the questions on the disclosure list. If they disclosed that their pets may have peed on the carpet then the buyer has no recourse. He/She signed off on the disclosures and accepted the house with the pet pee (whatever) and has no right to ask for repairs after close of escrow on things the sellers disclosed. If the seller did not disclose, buyer probably has a case.
 

RECalifornia

Junior Member
pet pee

seller didn't disclose "pet pee" though pets were self evident and not hidden.. but that is what is :) so
so seller is willing to pay for the damage what would be considerd reasonable ? removal, disinfect, replace with like quailty and should there be any documents so the buyer does not keep coming back for more..
seller has been super helpful and repaired things buyers didn't even ask for but just want to cover all basis
 

RECalifornia

Junior Member
another ?

where on the disclosure would they disclose that.. would it be a fill it and i can not find anything related to pets..so it is covered on future transactions
 
RECalifornia said:
where on the disclosure would they disclose that.. would it be a fill it and i can not find anything related to pets..so it is covered on future transactions
On page 2 of the Seller Property Questionnaire. There is a section called Pets, Animals and Pests. Question #11 specifically asks if the sellers is "aware" of any past or present odors, stains, discolorations.... It was also on the old disclosure form, but that will take more digging for me to tell you exactly where on that form.

Were the seller's aware??

Basically, if the sellers did not disclose they should probably do whatever the buyer asks in order to avoid being sued for non-disclosure. Then they will not only have to replace the carpet but also have to pay for attorney fees, their own and the buyer's.

What does your Broker say? What Brokerage do you work for? You should ask your broker AND the attorney of your brokerage.
 

RECalifornia

Junior Member
thanks

i looked on the TDS page 2 could not find any thing with or pertianing to pest. the the seller indends on paying so i havent contacted my broker or brokers attorney yet. i was double checking..
 
RECalifornia said:
i looked on the TDS page 2 could not find any thing with or pertianing to pest. the the seller indends on paying so i havent contacted my broker or brokers attorney yet. i was double checking..
It's not on page 2 of the TDS. It's on page 2 of the NEW disclosure statement (Seller Property Questionnaire) as of 04/05. I don't know what page it is on the TDS and I don't have one handy, but I know it's on there. Look at every page closely.

Let me know what advice you get from your broker/attorney.
 

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