Just in time for Halloween, a BC judge has ruled bats are neither pests nor rodents, says Blacklock’s Reporter..The ruling came in the case of a homebuyer who uncovered a colony of 85 bats roosting in a hidden ceiling..“The Property Disclosure Statement asks the vendor to disclose any infestation by pests or rodents,” wrote Judge Judith Doulis of B.C. Provincial Court..“Bats are neither..“Unlike rodents, bats do not have teeth that allow them to gnaw through building materials. The primary nuisance of bats inside a building is the noise, smell or guano..“Although not everyone views bats as unwanted house guests, I accept a sizable bat colony roosting in the ceiling constitutes a latent defect. A latent defect is one not readily apparent.”.Kevin and Emmeline Van Geemen, of Prince George, B.C. in 2019 bought a $359,500 dream house but “recoiled” on discovering a bat infestation after moving in, the court was told..“A bat colony had taken up roost in the cathedral ceilings,” wrote Doulis..The couple testified it took two months of detective work in tracking mysterious droppings when they finally stalked the bats outdoors at sunset..“They observed a swarm of bats spewing out from the gutters of the house in a wave from the peak of the sunroom roof. They counted 85 in total,” wrote Doulis..The Van Geemens sued the former homeowner for misrepresentation in a Property Disclosure Statement and $33,332 in damages for renovations and bat removal..The court dismissed the claim after the vendor testified in five years he never saw any evidence of a bat colony behind a ceiling panel..“Caveat emptor is the principle governing the liability of sellers for defects in property they have sold,” wrote Doulis..“Buyers must satisfy themselves of the condition of the property before the sale closes..“A problem they discover after closing is their problem. Buyers of real property have an obligation to perform their own due diligence before purchasing a property and must make appropriate inquiries and investigations themselves.”.The court was told fears of bats as disease-carrying mammals are largely overblown..“Health concerns associated with bats in buildings is a general misconception of many landowners,” wrote Doulis..Experts testified bat-proofing older property is also difficult. Bats can crawl through a space the size of a 25-cent piece, the court was told.
