Q: Can we sue a house seller that didn't disclose about invasive weed (Japanese Knotweed) in the property?
We bought the house in the winter and now, in the Spring, we found out about this weed that is extremely hard to kill and can damage the foundation of the house.
A: An answer to your very complex question is not a simple yes or no. It requires an analysis of the events that occurred prior to closing of title. These events include whether a real estate broker represented you, was the broker a dual broker, did the seller have a broker, the terms of the contract and who prepared same, was a Seller's disclosure statement obtained and what information was included, was there a provision for home inspection, was one conducted and what did it disclose, were there prior potential sales that failed because of inspections disclosed the presence of Japanese knot weed, what is the cost of removing the knotweed.
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