Expert: Dick Dennis - 7/24/2009

Question
I purchased a home in November 2008. Shortly after I moved in I had and unwanted winged visitor get into my house. Since then I have had several get in to the house. All info I looked up on bat removal stated that the only time to remove them is in August since they are most active and the young are able to fly. The bill for the removal and to seal the entry points is $1200. Is this the responsibility of the previous owner? I had heard that the previous owner is responsible for removing any pests before selling and with a nest estimated at over 100 bats, this is not a new problem.

Answer
Welcome to the responsibility of home ownership, Thad. I suppose you could press upon the previous owner, and/or your Realtor who helped you buy the house, to take care of the problem. But for $1,200 it most likely would be less expensive for you to just take care of it yourself. If you employed a home inspector before you closed on your purchase, that person should have been able to discover that problem. If you didn't . . . now you know why you should have.

In your state maybe they require that the seller offers a Transfer Disclosure Statement. Your Realtor should have handled that. On that statement the seller should have disclosed what he knew about the bat problem . . . if he knew about it. You would have to hire an expert on bats to know how long that access has been available to bats to prove that the former owner knew about it. So, you can see this could cost you more than you anticipate.

Or, you can consult with a REAL ESTATE attorney and see what that person can offer you. Chances are the "damages" you suffered would not be enough for the attorney to become involved. I do wish you well, Thad.

Dick Dennis