Expert: Lori Frankfort - 5/23/2009

Question
Hi.   I just purchased a home in Lakewood California and was not told about a very bad gopher problem.  The back yard is riddled with holes and I now can't have my lab running back there as she has already twisted her leg.   Shouldn't this have been disclosed to me prior to purchasing the property?  Do I have any recourse?  Thank you in advance for assisting me.

Answer
Yes, pest problems are supposed to be disclosed in your paperwork.  The only way the Seller could get out of it is if they denied knowing there was a problem.  Either way, contact your agent and have them contact the Seller's agent and let them know that you want them to pay for the removal of the gophers and repair of your yard.  If they refuse to pay you'll have to sue them in small claims court.  If you signed the Arbitration clause in your contract you'll be required to attempt arbitration first.

Best of luck,
Lori Frankfort