If I only found extensive mold after the close of escrow because the seller painted over it, what are my rights?

About 2 weeks after close of escrow, we discovered extensive mold under sink in new home. It is now obvious that parts of the area were painted over – apparently in an attempt to cover up the mold. There is no other logical reason to paint that area under the sink. Seller’s disclosure made no mention of mold or water damage. What recourse do we have against sellers, agents, home inspector?Repairs could be as much as $20k. Water damage professionals think there are other signs of water damage history in other parts of home. Can contract be rescinded?

Asked on July 18, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not the purchase agreement for the unit you acquired can be rescinded due to the perceived non-dislcosure and concealment of mold depends upon proving liability and damages to the point that the costs for the repair are so excessive that under the law it is inequitable for you to have to abide with the purchase of the property in relationship to the purchase price.

I sugegst that you consult with a real estate attorney about this situation and have experts inspect the property to come up with the scope of repair and costs of such.

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