What are my rights if I just purchased a home and discovered black mold?

I got the keys yesterday at 2:00 pm. I was so excited that I started removing the baseboard because the tiles need to be changed. However, I found black mold behind the baseboard. What are my options legally? I spent every penny I had. Right now I’m renting an apartment for $1400 a month. I’m supposed to move to the house in 2 weeks. I’m paying $250 my stuff in storage.

Asked on July 14, 2015 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF the seller knew of the mold or logically/reasonably must have known (any person in his/her position would have known of the mold) but failed to disclose it, you may be able to sue him or her, based in fraud (lying about something important) to recover the cost of remediating (correcting) the mold. But he or she would only be liable for lying; if he or she did not know about the mold--and if it is behind a baseboard, the seller may well have not known--then he or she would not be liable or have to pay you anything.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.