By Barry Stone
Dear Barry,
We bought a home nearly one year ago and recently discovered bats in the attic. An exterminator quoted $1000 to eliminate the pests and seal all the attic openings. He also saw evidence that someone had previously tried to get rid of the bats. This means that the previous owner may have known about the problem but failed to disclose it to us. Furthermore, our home inspector went into the attic but said nothing about bats. Can we hold the seller or the home inspector liable for the costs of extermination? -- Karl, Potomac, MD
Dear Karl,
In this case, the sellers and the home inspector may all be clear of disclosure liability. The sellers were required to disclose known defects prior to closing escrow. However, it is possible that they believed the bat problem had been resolved. If you try to pursue the matter in small claims court, you would have to convince the judge that the sellers were aware of the bat infestation. This could be difficult.
As to the home inspector, discovery of vermin is not included within the standards of practice of the home inspection profession. Therefore, the inspector cannot be held liable for failure to disclose bats in the attic, especially if this kind of problem was disclaimed in the inspection contract.
On the other hand, some home inspectors do report such conditions, even though they are not required to do so. The odor of bat residue is anything but subtle, making detection somewhat easy, if they've been in the building for long. You can try to pursue the matter, but the chances of prevailing are probably slim.
. Questions of a Do It Yourself nature should be submitted to our "