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question iconI recently just closed on a home. The garage floor has a frown/ settling issues and the sellers disclosed it- leaving a gap when the garage door is closed. Once everything was moved out in the garage we noticed multiple mouse traps leading us to kill 14 mice in 3 days of having possession. We can hear them in the drop ceiling in the basement. Would this be a case for failure to not disclose information?
answer icon

Typically, sellers are required to disclose known material defects about the property they are selling. This includes structural issues, plumbing or electrical problems, environmental hazards, and pest infestations. In fact, the Colorado residential disclosure form specifically requires the disclosure of "damage due to termites, other insects, birds, animals, or rodents."

If the sellers were aware of the mouse infestation and did not disclose it, they may have violated their disclosure obligations. The presence of mouse traps could potentially be used as evidence, but it's not definitive proof. You must prove the seller's had actual knowledge of the infestation.

We have handled cases dealing with mice infestations. Evidence such as indications of prior remediation efforts, expert witnesses, and any history of interactions with prior pest-removal companies, can all be used to prove your case.

If you would like to speak to our real estate team, please contact us at (303) 688-0944 or go to our contact us page for more contact options.

The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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Bill Henry
Real EstateJun 7, 2023
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