I bought a house infested with bats, do I have legal recourse against the seller or realtor/both?

Residential

This is a long story but I would appreciate some legal advice about my situation.

I bought a home in a rural area. There is one realtor company in town and the owner has the majority of the listings in this town and most of the county. He has been in business for decades. He also owns a number of properties in town and I found out recently his reputation is terrible. He and his childhood best friends who are attorneys handled the entire closing process.

This home was listed in the middle of April 2025. I made an offer, there was a bidding war, and in the end I got the house about 30k over asking about a week after it was listed. It is the average price for a house of this size in this area. The house was listed as the previous owners “vacation home”, not their primary residence, and as newly remodeled. I get an inspection, the inspector knows the realtor well, and they tell me the smell in the house is due to the previous owners having 5 dogs and 6 cats. We check the attic crawl space and see no animal excrement or dead animals. I had already planned on renovations that included replacing vinyl flooring with hardwood so I proceed to close on the house, but the closing was delayed and the buyers start to get nervous and say they wanted to close by the end of may at the latest and might want to pull out, but in the end we close in early July. The day of the closing the realtor calls me and tells me that there is a bat in the sink and he is sending one of his guys to get it. I am not used to living in a rural area and he made it seem its the same as having a pigeon fly into your apartment, no big deal and common for this area.

Fast forward a few months and I have replaced the insulation and floor down to the studs, and have repainted the entire house. The smell returns as the weather warms up a couple months ago. Two weeks ago bats and pups (baby bats) start flying into and around my home. They are coming in through wall acs, holes behind the fridge, under the attic door, through vents. I have to get a rabies shot. I call a bat company and they tell me that its clear there has been a roost living in the attic of this house for years and they return each year to have babies during their mating season in June/early July. I closed and moved in shortly after their mating season last summer. The odor I was smelling was bat guano, which is highly toxic to human health. I had to move to a hotel for a few weeks, get a costly and painful series of rabies shots, hire a company to expel the bats next month, and I am scheduled for a urine analysis for histoplasmosis as well as a chest X-ray.

I checked the documents I signed and the previous owners clearly put NO when asked if there is a wildlife or pest problem.

another thing: shortly after I moved in a neighbor came by and told me that the lawn was essentially a pet cemetery where the owners and the neighbors would bury all their dead pets and animals, some 30+ animals from dogs to rabbits to stray cats are buried on the lawn. I researched and the decomposing bodies can leach into groundwater and if they have been euthanized it is even more dangerous. The law in this county/state says the bodies need to be buried 200 ft from streams and creeks and they have buried the bodies less than 50 feet from the stream bordering the house.

Do I have a case against the seller or realtor for lying and listing the house as a vacation home when it was a primary residence or for concealing the bat issue, or for concealing the pet cemetery? I have a report from the bat company stating based on the guano outside by a chimney it is clear the roost has been here for at least several years, and I have the text from the realtor from my closing day saying he is having a bat in the sink removed. I would like to recoup the cost of remediation and also my healthcare costs. I will have to list this house and disclose that it has a bat problem, which is going to lower the value despite the extensive renovations I did. The company I hired has a 3 year warranty on bat expulsion.

I hope this was composed well enough that someone can help me, I have been extremely stressed out and feel really upset about the situation. Thank you

Posted Jul 10, 2026, 7:23 PM UTC

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