I recently have baught a house, and although there were a few small problems, there was nothing that I would not have gotten it for, so I did. The night I moved in, a neighbor came to return one of the keys. She also informed me that previous occupents for the last 5 years have complained about sinus problems and mold alergys, to which the homeowners alwasys said there was no mold. So I looked in the attic, and lo and behold, there is definatly some serious mold, mostly white, but I didnt stay up there long. We closed on it 2 weeks ago, but feal that it was not right for the previous owners to not tell us there had at least been complaints. I havent told them yet, before I do, I would like to know if i have any rights to ask them to pay for the removal, or legal rights that they didnt disclose there had been long standing complaints.
2007-03-13 14:16:03 · 11 answers · asked by Shane Doe 2 in Politics & Government ➔ Law & Ethics
Demand the previous owner for the removal of the molds since there was no disclosure before the sale. If your demand was not given due course, you can file a case in the small claims court against the past owner in order that the court will order him to do so.
2007-03-13 14:20:46 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 2⤋
If this is stated in the contract under the "Disclosure Agreement" then you definitely have recourse. You must however provide proof that the previous owners stated there was No Mold. I believe this would fall under the Deceptive Practices Statutes. Any Illnesses that you can directly link to the mold, can be submitted for compensation. Contact a Personal injury Attorney for more information.
2007-03-13 14:27:33 · answer #2 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
Did you get a home inspection? Did that inspector do a mold inspection? It is the buyers responsibility to get these inspections. If your inspector did the inspection and overlooked it you can go after them. They should have E&O insurance to cover them. If you did not get any inspections you are the one who will bear the complete responsibility for this. That is why inspections are so important. Mold inspections are separate from regular home inspections. You also have to prove that the previous owner knew there was a mold problem. What did the sellers disclosure say? contact your realtor.
2007-03-13 14:23:03 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I think you would, if they were aware of the mold and did not disclose it, you should be able to get out of the sale. Mold is a big issue in housing right now and it can be very dangerous.
2007-03-13 14:22:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
you do not have the legal stunning to sell it without spouse's consent in case you're the two on the deed/call. Divorce courtroom can order it bought as element of a settlement no count if that's smart. you have have been given a especially candy deal right here regardless of the undeniable fact that . . . she took you off the loan? then you certainly are actually not to blame to pay it (meaning that your credit would not take a fulfillment if the loan isn't paid); yet you do get 50% of the fairness upon sale no count if that's at the same time owned.
2016-10-18 07:54:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You want to talk to a lawyer about the situation. You need to be able to PROVE that the seller knew about the mold problem.
Good luck .
2007-03-13 14:29:50 · answer #6 · answered by mark 6 · 0⤊ 0⤋
Yes. The seller has a legal obligation to disclose any problems with the house. Get a real estate attorney, and sue.
2007-03-13 14:21:50 · answer #7 · answered by Anonymous · 1⤊ 0⤋
White mold is not toxic, however, the owners should have told you this from the beginning. Contact the attorney who did your closing and let her know. She will have some resolution for you.
2007-03-13 14:21:08 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I know when selling a house that you have to list all the things that are wrong with it. that is what I had to do when I sold my home. and since they didn't put that down, and knew about it. I would contact the realtor who handled the sale and to see what they could do about it. or you can talk to a lawyer. good luck. that is why when I go look into a house that is for sale I will check it from top to bottom and real good.
2007-03-13 14:26:43 · answer #9 · answered by misty blue 6 · 0⤊ 0⤋
You can sue based on the house not being in the described condition you agreed upon at the time of purchase...
2007-03-16 15:33:31 · answer #10 · answered by BeachBum 7 · 0⤊ 0⤋