What can be done regarding an oder that was covered up and not disclosed to us when purchasing our home?
Question Details: There was very high humidity for a week that brought out a cat urine smell in the master bedroom and walk-in closet. The floor will need to be ripped out and replaced. The room is uninhabitable. I tried an ozone machine. When looking at the house, they had candles and hidden electric air containers going. My husband kept asking me if I smelled anything as I have environmental sensitivities I did not smell anything Now I will need to put in about $2000 worth of fixes. What can I do? It's been almost 30 days since closing. Would this go under a lemon law?
You can sue the seller for fraud, which is the intentional misrepresentation or nondisclosure of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have bought the house had you known of the odor.
Your damages (monetary compensation you are seeking in your lawsuit) for fraud would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means a defrauded purchaser may recover the difference between the real and represented value of the property regardless of the fact that the actual loss suffered might have been less.
Out of pocket determination of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and actual value of the property acquired.