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Can I sue a real estate company for negligence.

Marysville, WA |
Filed under: Lawsuits and disputes

I live in an apartment complex that has recently fallen under bed bug attack. they have had the bed bug people out here more times than I can count and there is still bed bugs in my apartment.

Attorney Answers 1

Posted

you may have grounds to sue on contract, implied warranty, too. The theory(s) on which you sue will depend on lots of facts and circumstances--you posted very little in the way of facts so its tough to say.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Douglas S. Tingvall

Douglas S. Tingvall

Posted

Implied warranty is not recognized in Washington, except for new residential properties sold to the first purchaser. And, neither contract nor warranty claims can be asserted against the broker. To have recourse against the broker, you must prove by clear, cogent and convincing evidence that (a) the bed bug infestation existed at the time of the sale, (b) the broker had actual knowledge of the problem, (c) that the problem substantially adversely affects the market value of the property, and (d) that you could not have disclosed the problem yourself through a reasonably careful and diligent inspection, investigation and inquiry. In short, it is unlikely that you have a claim against the broker.

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