• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Pet damage carpet, seller doesn't want to fix

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ssmart

Junior Member
What is the name of your state? NC
Seller didn't disclose the existence of cats and dogs in the house. Carpet damage by cat and dog was found during inspection. We are pet allergy. We ask the seller replace the carpet and they refused. Can we ask our money back? We have signed the offer and gave the deposit.
thanks
steven
 


jnazareno

Member
Pet Damage

ssmart said:
What is the name of your state? NC
Seller didn't disclose the existence of cats and dogs in the house. Carpet damage by cat and dog was found during inspection. We are pet allergy. We ask the seller replace the carpet and they refused. Can we ask our money back? We have signed the offer and gave the deposit.
thanks
steven

In CA as long as you haven't release contingecy , you have the right to cancel based on the inspectin that you have done..hopefully you used a Realtor and that you made an offer contigent upon buyer's inpection of the property. and hopefully ca and ny law are almost the same

John
 

PghREA

Senior Member
Or, if you really want the property, rip up the carpet, get the place deorderized and install new carpet yourself. I really don't think this should be a deal breaker.
 

luvbskts

Member
ssmart said:
What is the name of your state? NC
Seller didn't disclose the existence of cats and dogs in the house. Carpet damage by cat and dog was found during inspection. We are pet allergy. We ask the seller replace the carpet and they refused. Can we ask our money back? We have signed the offer and gave the deposit.
thanks
steven


How or why would you put in an offer and give a deposit without first doing a full inspection of the house? What about having the carpets professionally cleaned?
 

jnazareno

Member
luvbskts said:
How or why would you put in an offer and give a deposit without first doing a full inspection of the house? What about having the carpets professionally cleaned?

Some Seller are smart and listen to the advise that Real Estates
agents give to them such as doing pre-inspection (homes and pest) before the home goes on the market. Some do not, so the only way that buyers
can do inspection is if the buyers made an offer, have the offer accepted
and then they do inspection. I believe the carpet is too damage to be pro cleaned at this point. plus it's gonna be expensive for buyers to do inspection on homes if they are not sure they will get the offer accpeted.

$$my dollar worth of advice$$
 

ssmart

Junior Member
any professional opinion is welcome

Indeed, we'll ask for carpet credit, but the offer we have given is a NC standard contract and this pet contaminated carpet issue was not found by that time and not mentioned. House inspection was done after seller accepted the offer. Carpet damage was treated as cosmetic problem by them and not covered in the offer. To us, it's a healthy issue, not cosmetic nor structural issue. The offer is already higher than the market and we don't want to put moe money in the carpet. Any legal advice? The bottom line is we want the house and don't want to pay for the carpet.
thanks
 

jnazareno

Member
ssmart said:
Indeed, we'll ask for carpet credit, but the offer we have given is a NC standard contract and this pet contaminated carpet issue was not found by that time and not mentioned. House inspection was done after seller accepted the offer. Carpet damage was treated as cosmetic problem by them and not covered in the offer. To us, it's a healthy issue, not cosmetic nor structural issue. The offer is already higher than the market and we don't want to put moe money in the carpet. Any legal advice? The bottom line is we want the house and don't want to pay for the carpet.
thanks


your Real Estate person should negotiate this for you...
I would in your position create an addedum and ask for this credit to replace
the carpet or have seller credit you at close of escrow. Ys you do have an accepted contract and it doesn't mean that you don't have the right to
ask for more if an inpsection found something that you didn't like or
didn't know at the time of the offer. if you and seller can't come to and agreement, you have two choices, either you take the home " in present condition" or back out...I dont think this is a legal issue since where you can sue seller if they refuse to repair something that's wrong with the home
except maybe if the home violated some city, county law something.
SO again, make your RE guy ask for this credit, negotiate is the keyword..

$$dollar worth of advise$$
 
S

seniorjudge

Guest
ssmart said:
What is the name of your state? NC
Seller didn't disclose the existence of cats and dogs in the house. Carpet damage by cat and dog was found during inspection. We are pet allergy. We ask the seller replace the carpet and they refused. Can we ask our money back? We have signed the offer and gave the deposit.
thanks
steven
ssmart is a major pain according to his/her own posts:

https://forum.freeadvice.com/showthread.php?p=939758#post939758
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top