What can I do about black mold found in my newly purchased home?

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What can I do about black mold found in my newly purchased home?

I moved into my home 4 months ago. I had a gaurantee/warranty on my roof. Black mold immediately formed in my house that the inspector missed. I have had numerous roofing companies come out and they ay the roof has been in horrible disrepair and all skylights have to be replaced and the walls are in horrible condition. Is there anything I can do?

Asked on June 14, 2015 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there is a guaranty or warranty, you can enforce its terms, so if by plain terms, it applies in whole or part to this situation, you are entitled to whatever compensation, reimbursement, etc. it provides for. (Guaranties/warranties are contracts, so they are enforceable as per their plain terms.)

If you believe, based on the damage, mold, etc. that the home seller either did know or reasonably *must* have known about the problem (realistically, there is no way he/she could not have know) and failed to disclose it, then the seller may have committed fraud, which could entitle you to compensation (you'd have to sue to get it).

If the mold was someplace accessible that the inspector *should* have seen (note: inspectors are only expected/required to find visible/accessible issues; they don't have to uncover things, dig around in non-accessible spaces, etc.), there is a chance you could hold the inspector accountable, too, based on negligence and/or breach of contract.


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