We purchased a home recently and we are finding out there are many issues with cat urine. The former owner (flipped the house) and admitted to there being cats, the neighbors say there were more than 10 cats, etc. He helped fix one room that had cat urine odor issues, but refuses to deal with all the other areas of concern. There are many areas that still smell. We were unaware of these issues because they were originally "covered up" with scented oil plug ins and new paint/carpet. Do we have a case to go after him for the remaining repairs to be done?

A seller may not conceal known defects of a property for sale. If a seller knowingly or recklessly makes false statements or acts to induce the buyer to act upon the statements or actions, and the buyer justifiably relies on the statements or actions, acts upon them, and suffers injury as a result, the buyer can establish a cause of action for fraudulent misrepresentation. You may have a fraudulent misrepresentation claim because the seller's concealment of the cat urine induced you to buy the property and you were damaged as a result.

Additionally, Indiana requires sellers to complete a Residential Real Estate Sales Disclosure Form. The seller is specifically required to disclose any defects in appliances, the home's structural integrity, the electrical system, or the heating and cooling system. Although not specifically enumerated in this form, a court could decide that the seller violated the Sales Disclosure Act by not disclosing that the home had an overwhelming scent of cat urine.