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

Reblogger Kathy Sheehan
Mortgage and Lending with Bay Equity, LLC 770-634-4021 NMLS #206275 GA 25689

Greg has shared this story and a valuable lesson when selling your home.  It is better to overdisclosure than run the risk of a law suit at a later date.  I must admit, I don't know that I would have ever thought disclosing the type of plants, so much for "Buyer Beware".

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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Lynn B. Friedman
Atlanta Homes ODAT Realty Call/Text 404-939-2727 Buckhead - Midtown - Westside -- and more ... - Atlanta, GA
Concierge Service for Our Atlanta Sellers & Buyers

Dear Kathy -
Happy New Year -
Great idea for a re-blog! If someone can win over a "coffee was too hot" situation - who knows what is next?
Have a happy day -
Lynn

PS  Got your letter and thanks! L.

Jan 08, 2012 02:38 AM #1
Rainmaker
646,993
Kathy Sheehan
Bay Equity, LLC 770-634-4021 - Atlanta, GA
Senior Loan Officer

I had completely forgot about that incident.  I think you are right.  All the best in 2012!

Jan 08, 2012 02:43 AM #2
Rainer
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Linda Jamail Marshall
Linda Marshall,Houston Texas, Linda Marshall, Realtors® - Houston, TX
Broker, ABR,QSC,RECS,ACRE - Innerloop Houston, Tex

Good information, But I have to say Poor DOG!

Jan 08, 2012 03:49 AM #3
Rainmaker
646,993
Kathy Sheehan
Bay Equity, LLC 770-634-4021 - Atlanta, GA
Senior Loan Officer

Linda, I agree, it is sad that the dog paid the price.  But as a former animal owner, I was always very careful when he was around plants.

Jan 08, 2012 04:53 AM #4
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Kathy Sheehan

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