Undisclosed mold?

Question

I live in Ohio. I bought an appartment building about a year ago, aparently the previous owner had a tennant evition. The tennant retailiated by plugging all of the drains and turning on the water and sealing the door before shimming down the outside of the building. This flooded the upstairs aparmnent and two below it. The old owner recieved a insurance claim check to fix this which he used a very small amount to touch up the paint and clean the carpet, and pocketed the rest. He did nothing for the water in the walls, a year and a half later now that I own the building the water soaked insulation has attracted mold and i have a huge repair bill coming to me. The way I see it there were three people who should have informed me of this problem before I purchased the building. The old owner should have informed me there was recent flooding(and should have fixed it corectly), The home inspection company who missed water damage, the company who conducted a mold test.

The mold test was conducted because there was a higher humidity level found in a few of the aparments, inspector pointed to window condensation(fog), although he claimed it was from the showers.

Any suggestions or am I Up the creek????????

I would rater go after the company that did the inspection and mold testing. When I was purchasing this place the owner was in dire money troubles. You cannot get water from a dry well

Answer 1

No creek for you Buddy!!

The fact that he claimed the damages and then didn't repair it is going to get you the $$ in court. Call the agents and tell them you will all be sued. Let them explain it to him in no uncertain terms.
They will loose their commish, the inspector will loose (just the inspection fee) but you sue them all!! Your attny will make you sue them all that's the way it works.

Don't be surprised if you don't get an offer to settle from the Seller. Once those Agents find out what he did they'll be on him like white on rice. Since he's put them in jeopardy too.

Get your figure in mind that will make you happy. Hold out for the full amount. You'll get it. This is exactly what the real estate disclosure laws are about.

Please tell me you used an Agent!! Otherwise it won't be as easy with just you and he in front of the judge. But still you go for all you need to make the immediate repairs and something for future anticipated repairs that may come up as a result of this damage.

Best of luck

Answer 2

Man I feel for you bro! I am a real estate agent in Ohio! Hope it wasn't one of my homes! LOL just kidding! Anyway, do you still have the property disclosure form that the seller had to fill out? This may be your ticket to getting back some money from this joker! If you do not have it, contact the realtor you bought the home through. If they are like my office, we keep that stuff on file for at least five years. I would definitely contact a real estate attorney and show him the disclosure and explain your situation. I'd be really skeptical that you could get any money from the inspector but you should surely be able to get money from the old owner seeing how he received money for it and didn't repair or disclose it.

Answer 3

It sounds like you have a case against the previous owner for sure. Try and get hold any proof that you can that shows he had knowledge and did nothing to correct it only cover it up. You should have been told and the inspectors should have caught it but mold only grows when it's wet. If it was dry during the inspection he might have missed it. Talk to a lawyer and see what you can do.

Answer 4

I would definatley contact an attorney, it sounds like you may have a pretty good case. Full disclosure from the original owner is lucky if you get it. But the inspection company definatley should have caught it, thats their job!! I would call a lawyer, explain the situation to them and they will direct you to the best course of action. You could potentially get a large settlement from the original owner and the inspection company if they play thier cards right!

Answer 5

Don't include the inspectors in the law suit (that is what you have). It will just muddy the water, pun intended! Go after the seller, if you can back up your claims with proof from the insurance co. He was obligated, by law, to inform you of any repairs and why. Try a civil suit, because it is easier to win.

Answer 6

If you did not have a building inspection before you bought the place, you're pretty much S.O.L. Law statutes state that buying property should be mandated before purchase with a home/building inspection prior to purchasing said home/builing.Otherwise, it is bought as is and no legal implications can be filed.

Answer 7

It's going to be a long road...but get a lawyer, you should have a very good case if you have documentation. Whoever you have documentation from, if they are bonded, insured or accredited should know better and be able to do the job you're paying them to do. We had to deal with similar issues, but with hidden termite damage. They didn't want to make it right outside of court, instead they wanted to wait and see if we meant business and sue for non-disclosure. We did--they lost.

Answer 8

the old owner might not have to disclose the info but the other two party's should have spotted something i would suggest getting in contact with them and talking to them but they will probably not help so i would talk to a solicitor to see where you stand legally

Answer 9

I would definitely consult a lawyer. I dont know where else to start but there. Somebody definite is to blame, and you should not have to pay for there mistakes.