Q: Hello, Is there any chance to win a settlement against undisclosed defects in St. Louis MO area?
I recently purchased a home in the St. Louis, MO area. The previous owner said no pets, no renters, and we found out both are untrue. My kids are extremely allergic to pets and once we moved in and removed the 16 air fresheners around the house, the smell of pet urine was overwhelming. We've had the carpets cleaned twice (professionally) and can still smell it. The previous owner and agent said there were never any pets and it wasn't a rental, but we have found out from neighbors that both claims are untrue. Also, the carpet cleaners came in with a black light and found pet urine stains throughout the master bedroom, hallway and dining room.
A: Wow, that sounds like bad misrepresentations. You should meet with an attorney to review your sale contract and assess potential causes of action. Missouri has a strong consumer protection statute called the Merchandising Practices Act (MPA). The MPA is great in failure to disclose and misrepresentation cases because it allows a plaintiff to seek not only actual damages but additional “punitive” damages and attorney’s fees. Some attorneys take these cases on a contingency basis.
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