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Real Estate disclosure

Asked over 3 years ago - Bellingham, WA

Last fall I bought a five acer parcel/home in rural Bellingham, Wa. This spring I am discovering 100's of bindweed (morning glory) spread throughout the natural vegetation (ferns, shubs, trees) over about 250x100 foot area. It will take me years,100s of dollars, and many hours just to get it undercontrol. This seems like it should have been disclosed by the sellers who had liverd there 35 years. We really would have kept looking for another property to avoid this long term problem. Is there any legal course I can take?

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Attorney answers (1)

Thuong-Tri Nguyen

Reputation Level 20

Answered over 3 years ago. Real Estate Attorney in Renton, WA.

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While bindweed is classified as a noxious plant by King County (and perhaps by WA), it is doubtful that you have a cause of action against the sellers for failure to disclose the existence of bindweed on the property. You could have discover the presence of the weed yourself with a casual inspection. Even if the bindweed's leaves were dead in the fall, the vines would have been visible on the other plants or right under the surface of the soil.

If you want to be certain whether you would have a legal cause of action, you can retain an attorney to research the law for you.

Depending on what your land is used for, the presence of bindweed may be a material fact.

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