just a couple of questions?

Question

my husband and i bought our house last year from a couple who flips houses...they bought it as foreclosed property...just recently i had a leak coming from the basement had to call a plumber and he noticed it was coming from my upstairs bathroom.and going into the living room..when he pullled down our drop down ceiling in the living room .he noticed black mold and all kinds of water spots from before..and said it looks like it was covered up just to sell..i had a claims adjuster come out today and he said the same thing..that under the maryland disclosure act they were not allowed to sell the house with a hole in the ceiling and mold with tons of water spots..that we can sue them and the inspector who inspected our home....see my insurance wont fix it because he said it was a cover up and i would either contact the people who did the house flipping or a laywer...sorry this is long..but how should i go about it...this is our first house..we dont want to get nasty but if we have to..

the sad thing is i have a two month old son at home..i dont need him to get ill..

our inspector didnt even look above the drop down ceiling...which i think they should have ..i would have never bought the house.

Answer 1

Black mold is a serious issue. It can cause serious health problems and potentially create problems for insuring purposes let alone resale issues. If indeed this was covered up by the sellers they have defrauded you and you should pursue recovery via legal means at once.

I have a client who is currently suing their seller for the same reason. They elected not to have an inspection and the appraiser dsidn't spot any problem as the home had been freshly painted.

Answer 2

Unless YOU can PROVE that the fault existed prior to the home being offered for sale AND that the seller KNEW about the problem and failed to disclose that fact you probably won't get anywhere trying to sue anyone.

It's entirely possible that your insurance company is trying to dodge their liability by claiming that this is old damage. Once moi sure gets inside the walls it does not take very long at all for mould to appear. Since you bought the home last year it's ENTIRELY possible that the leak and the mould developed AFTER you purchased the house.

I would suggest that you contact a plumber and possibly a mould remediation firm to see if they can give you a reasonable estimate as to when the leak and the mould occurred. If it's fairly recent then your insurance company will have to pay for the repairs in accordance with the terms of your homeowners policy.

Answer 3

Your plumber and claims adjuster are jumping the gun here. Your case is nowhere near as clear cut as it seems. In the case of the seller, the onus will be upon YOU to prove that he/she was aware of the issue and failed to disclose same. Sellers are not expected to be able to disclose situations of which they have no knowledge. How will you prove that the seller was aware and failed to disclose ?

In the case of the home inspector, he will only be held liable if he failed to follow the required procedures of inspection. If the home inspector followed accepted guidelines and procedures in performing his inspection, you won't get anywhere involving him in litigation either.

Do be aware that a home inspector is neither required nor allowed to tear into a house to check every last item. If there was potential damage incurred in removing that drop ceiling, he is neither required nor allowed to do so.

Since you purchased the house nearly a year ago, who will determine if the leak was pre-existing, or if it occurred during your ownership? Opinions of a claims adjuster and plumber may not stand up in a court of law.

I suggest that you check with qualified legal counsel to see if you have any sort of case here.

Answer 4

First of all and most important and as a father and grandfather, I would be concerned for the health of my baby.
Look at these sites
Maryland’s Attorney General on warnings of Fraudulent House Flipping: http://www.oag.state.md.us/Consumer/flipbrochure.pdf
For the EPA's publication, "A Brief Guide to Mold, Moisture, and Your Home"
http://www.epa.gov/iaq/molds/images/moldguide.pdf
EPA: Reporting Violations: http://www.epa.gov/ebtpages/complianceenforcement.html
As to getting nasty, it's your family please get legal counsel and an inspection to determine if your mold is lethal.
Best of luck to you

Additional Details
Forgot these
Home Inspectors Associations for all states: http://www.homeinspections-usa.com/home_inspector_orgs.php
Certified Mold Inspectors: http://www.moldpro.org/
Certified Mold Remediators: http://www.certifiedmoldinspectors.com/

Answer 5

Definitely contact a lawyer. the inspector, real estate agent, and the owners before you bought it can all be held liable if it is proven they withheld information. sorry about the situation but good luck fighting.