Is the seller responsible for issues that they hid?

Photograph everything today, before you clean anything. That is the most important thing in this answer and it is time-sensitive. The nailed-shut cabinet is the detail that matters. A mouse problem by itself is often just a mouse problem, and old houses get mice. But a garbage pullout nailed shut is an odd, deliberate act, and it is the kind of fact that turns "they should have known" into "they took a step to hide it." So document it as it sits: the nails, the cabinet, the droppings, the drawers, wide shots and close shots, with dates. Keep the exterminator's written report and their assessment of how long the infestation has been established. That last point is important, because an exterminator saying this is a long-standing population is evidence about what the seller knew. Here is the framework, and then what to do. Sellers generally have to disclose known material defects. A latent defect, meaning one a buyer could not reasonably have discovered through inspection, is exactly the category this falls into. You cannot inspect inside a cabinet that has been nailed shut. An as-is sale usually does not protect a seller who actively concealed a known problem or affirmatively misrepresented it. As-is generally addresses condition you could have discovered, not deception. How far that goes varies by state. The hard part, and the honest part: the burden is on you. You have to show the seller knew, and either failed to disclose or took steps to conceal. That is why the evidence matters so much and why you gather it now rather than after the drawers are cleaned and the cabinet is repaired. So, concretely, this week: Pull out the seller's written disclosure statement and read exactly what they said about pests, rodents and infestations. If they checked "no known issues," that is a specific written representation you can compare against the facts. That document is usually the center of the whole matter. Get the exterminator's findings in writing, including their opinion on duration. Preserve the nailed cabinet, or at minimum photograph it thoroughly before any repair. Do not discard the nails. Write down the timeline while it is fresh: when you first saw it, what you saw, what you did. Ask your agent to check whether any prior listing, prior inspection report or prior disclosure mentions rodents. Properties that were previously listed sometimes have a paper trail the current seller did not account for. Then talk to an Iowa real estate attorney, and do it soon. Two reasons for speed. Evidence degrades, and there are statutes of limitation that vary by state and by the type of claim. Waiting is the one strategy with no upside. On what you might recover: where a concealment claim succeeds, the usual remedy is damages, meaning the cost to remediate, rather than unwinding the sale. So get real written bids for full remediation, including any structural or insulation work, because that number is your claim. One practical thought. Before litigation, a demand letter from an attorney laying out the disclosure statement, the exterminator's findings and the nailed cabinet resolves a fair number of these. Sellers who concealed something tend not to want it examined closely. That is usually a faster and cheaper path than a lawsuit, and your attorney can advise whether it fits here. I am a real estate professional, not an attorney, and I am not licensed in Iowa. I am not telling you that you have a winning case, because I have heard one side and that determination belongs to a lawyer. What I am telling you is that your evidence is strongest right now and gets weaker every week. My name is Zoltan Peresztegi and I work in Los Angeles, the South Bay and on the Palos Verdes Peninsula, so I cannot represent you in Iowa. If you want an introduction to an agent in the Newton area who can recommend real estate counsel they have actually worked with, message me and I will make one. Zoltan

Hannah, this is a question for a real estate attorney. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

Yes, if you can prove it. It sounds like a clear-cut case but you are going to have to take them to small claims to get your money back. Make sure you take pictures and you should have something with the date next to the picture.

Generally, if a seller knowingly hides issues with a product or property, then they can be held responsible for those issues. Depending on the details of the case, this may take the form of damage to the property, fraudulent practices, or a breach of contract. Depending on both the laws in the jurisdiction and the specifics of the case, the buyer may be able to seek some form of compensation from the seller.