Massachusetts jury rules in favor of homeowners on Japanese knotweed infestation

Japanese knotweed is an invasive plant that takes years - and expertise - to eradicate from a lawn. Its incredibly deep root system can create cracks in a foundation and can be ruinous to other plants in the area. As seen in Trites v. Cricones, et al., Middlesex County Superior Court No. 1881cv2939, prospective homeowners and developers should be vigilant when it comes to this pest.

According to decision, the plaintiffs purchased a newly-built home from the developer in 2017. Unbeknownst to the buyers, the developer had been made aware of a knotweed infestation in a pile of soil on the development but (perhaps not being aware of the dangerous nature of the weed) chose to mix it with clean loam and spread it around the property. The homeowners inspected the property before moving in but the knotweed problem didn’t become apparent until after they moved in.

After being made aware of the issue, the developer tried, unsuccessfully, to remove the knotweed, and suggested the Tristes to spray the yard with Roundup. The situation escalated after that, with both sides making their anger known. A lawsuit ensued.

After trial, the jury found that the developer breached the implied warranty of good faith and fair dealing, was negligent, and created a nuisance. The jury awarded the Tristes $186,000.00, the cost of repairing the lawn.

Following the jury’s decision, the judge did not find for the Tristes on a Rule 93A (consumer protection) claim because the contractor did not knowingly harm the plaintiffs.

When buying a home, it may be a good idea to ask your inspector if they know what Japanese knotweed looks like and to keep an eye out. It may save your lawn and your foundation.

The full decision can be found here: https://masslawyersweekly.com/wp-content/blogs.dir/1/files/2023/06/12-023-23.pdf Hat tip to Cameron Burke for pointing me towards this case!