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

Reblogger Jimmy Phan
Real Estate Agent with KELLER WILLIAMS REALTY IN MOORESVILLES, NC

OMG GREG

so many issues for disclosure and it is endless still.

very interesting post and will reblog and bookmark for future reference.

thanks for sharing Greg

best 12.

jimmy phan

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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Rainmaker
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Kathy Sheehan
Bay Equity, LLC 770-634-4021 - Atlanta, GA
Senior Loan Officer

I really am speechless, disclosing the type of plants really is there no end.

Jan 08, 2012 02:28 AM #1
Rainmaker
1,226,860
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

My sister does not have LIVE poinsettias because they are poison as are some other house plants that pets can eat.

SHAME on the new homeowner for not KNOWING the POTENTIAL for poison themselves...

 

Jan 08, 2012 02:32 AM #2
Rainer
40,314
Jimmy Phan
KELLER WILLIAMS REALTY IN MOORESVILLES, NC - Hickory, NC
Phan real estate group in hickory

Hi Kathy

yes same here......as you said "disclosing the type of plants really is there no end."

best 12 Kathy

jimmy phan

Jan 08, 2012 03:15 AM #3
Rainer
40,314
Jimmy Phan
KELLER WILLIAMS REALTY IN MOORESVILLES, NC - Hickory, NC
Phan real estate group in hickory

Hi Wallace

"SHAME on the new homeowner for not KNOWING the POTENTIAL for poison themselves..."

what else to say hah Wallace?

thanks so much for visiting

best 12

jimmy phan

 

Jan 08, 2012 03:17 AM #4
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