Carpet Non-Disclosure

[Qcat2000]

Dallas, TX We closed on a less than 2-yr old home over a week ago. Prior to closing, I asked about some spots on the carpet. The elderly sellers' realtor stated that the carpet was fine; but once the sellers move out, they'll have it cleaned and spot treated, as stated on the contract. When we received the keys, the carpet was in terrible shape. The carpet cleaners documented that there are urine stains throughout the house. The sellers' realtor originally stated that there were no pets in the house; but now admits that they had a dog. Even after cleaning, the stains remain and the carpet smells. I believe that I have a case to take them to small claims court. I'm planning on suing the sellers, but can I also sue their realtor and Century 21? I have not tried to clean the carpet myself; and I have not brought my two cats into the home yet, because I want to preserve the evidence. However, I hate to move in without at least removing the carpet and living with a bare slab. Do I have to leave the carpet in place until we go to court? Would it help to bring a sample of carpeting to court?

 

[JETX]

You only need to keep representative samples of the carpet, unless you intend to parade the court through the house. I would suggest that you document the complaint (video is best, with date/time and commentary). Also, keep samples of the carpet, showing the carpet in undamaged and damaged examples. (If you are really concerned, you can keep the carpet remnants in storage until no longer needed).

I would suggest that your first action would be to formalize your complaint in writing (Certified RRR) to both the Realtor and the Broker. Detail your complaint and what you expect them to do. Demand a response within a specific timeframe (if you want to use the DTPA, see below).

Also, I suggest that you read the DTPA (Deceptive Trade Practices Act). It details specific actions and what you need to do if you are going to claim a DTPA violation (and treble damage). A copy can be viewed at:
http://www.capitol.state.tx.us/statutes/bc/bc001700toc.html

Additionally, you might consider filing a complaint with the Texas Association of Realtors (http://www.tar.com/), the
Greater Dallas Association of Realtors (http://www.dallasrealtor.com/)
and/or the Texas Real Estate Commission (http://www.trec.state.tx.us/complaints/default.asp)

 

[Qcat2000]

Thank you for the advice! I was so caught up in trying to resolve this quickly that I was handling everything by phone and in person...I wasn't thinking about writing a formal complaint letter. I will pursue a formal complaint against the listing agent, as well as a suit in small claims court if this isn't settled. I think I have a good case; but in the event that I lose, at least it was a learning experience! Thanks again!

 

[DRUSS1964]

Just a carpet cleaner

I do not know the extent of the urine damage but I suggest getting a certified carpet inspector to inspect the damage depending on the extent of the damage sometomes it goes beyond the carpet and sometimes into the subfloor which may need to be treated and cleaned as well. Just replacing the carpet does not do anything for the sub floor if it is affected by the urine putting new carpet on it will just cover it and the oder may come back