Buyer Sues Seller For Not Disclosing Deadly Plants Eaten By Pet Rott. Disclosure Nightmare?

Reblogger Doug Patterson
Real Estate Agent with Park Place Real Estate, Broker-In-Charge

Buyers need to beware of everything they can, while considering the purchase of a home.  Having a great inspector during the "Due Diligence Period" is paramount.  That being said, you've got to read this post!  It's very interesting.  In North Carolina, we are "Buyer's Beware" state.

Thanks to Greg Nino for this funny, but eye-opening, post!

 

Original content by Greg Nino 0524642

Your average home seller isn't a Botanist. And your average seller plants and cares for many plants and shrubs they know very little about. Throughout the Houston area we have an abundance of Oleanders. These shrubs are widely popular because of their extreme durability, price and overall appearance.

oleander 

When consumed by mammals, especially dogs, oleanders can kill. But so can many other types of plants. A friend of mine who owns a landscaping company told me that many of the plants in your average garden are considered toxic. One lady reportedly died from attempting to make oleander tea as a last ditch effort to cure her cancer. Another man died from eating mass quantities of it because he read that it was a natural plant that could cure his stomach cancer.

Should a seller disclose anything they know about the dangers of their plants?

If I were an attorney, and I'm not, I'd say yes. You should disclose anything relevant to the property that might expose you for claim. Best to over disclose and get a signature...then be forced to explain later.

Or maybe that's being extreme. It's not like homeowners disclose that the batteries in the upstairs smoke detector are old, cheap and likely to stop working. I suspect there will be comments from readers on this post that will suggest a buyer with pets should have the responsibility to decided if plants are harmful to their pet or not. A seller shouldn't be responsible to understand, learn or know the danger levels of every plant or chemical used in their lawn. Lets not even talk about the oranisms in the pool or type of fertilizer tossed out back. Damn those electromagnetic fields from the power lines! RUN FOR YOUR LIVES!  

Today you're the Jury!

The Plaintiff (buyer) is suing the homeowner for 10 trillion dollars because the buyers salivating Rott ate some oleander as a side salad with the neighbors pussy cat & died. Hey don't laugh, this is America.  

 

 

 

 

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The information contained in this blog is believed to be reliable and while every effort is made to assure that the information is as accurate as possible, the author of this blog, and its comments disclaim any implied warranty or representation about it's accuracy, completeness or appropriateness for any particular purpose. All information is copywritten and the property of Greg Nino.  

 

 

 

 

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Rainer
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Jamie R. Bell
Bell Realty Group at Berkshire Hathaway HomeServices NEP - Glastonbury, CT
Your Central CT Realtor

Interesting original post! Sad that we live in a sue happy society! I've also heard that wisteria pods are toxic to dogs, guess I better call my attorney as I bought a house that has them, it was not disclosed to me and my dog might eat them:-) 

Wishing you a great year!

Jan 08, 2012 01:52 AM #1
Rainmaker
564,223
Steve, Joel & Steve A. Chain
Chain Real Estate Investments & Mortgage, Steve & Joel Chain - Cottonwood, CA

Doug,

Oleander is VERY common in CA and it's poisonous properties SEEM well known.  We've never seen any disclosures on it, but times change. It will be interesting to see where the suit goes. SC

Jan 08, 2012 01:58 AM #2
Rainer
63,224
Doug Patterson
Park Place Real Estate, Broker-In-Charge - Winston-Salem, NC
CRS, ABR, Broker-In-Charge

Yes, Jamie, I got some good laughs reading this post!  Disclosure is so important in our industry, as I'm sure you will agree wholeheartedly!   I didn't know that Wisteria Pods are toxic to dogs!  We have alot of Wisteria in the Piedmont, North Carolina area....I'll need to add that to my comments and disclosure list! 

Hope your 2012 will be a great success as well!

 

Jan 08, 2012 01:58 AM #3
Rainer
63,224
Doug Patterson
Park Place Real Estate, Broker-In-Charge - Winston-Salem, NC
CRS, ABR, Broker-In-Charge

  Thanks for your comments, Steve & Joel!  Hope your business will continue to grow in Northern California in 2012!  Happy New Year!

Doug

Jan 08, 2012 02:19 AM #4
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Rainer
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Doug Patterson

CRS, ABR, Broker-In-Charge
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