Can I sue previous owner of a house that I purchased for a mold problem that was never corrected?

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Can I sue previous owner of a house that I purchased for a mold problem that was never corrected?

About 3 months ago, I closed on a house. My home inspector, as well as my termite inspector, said that the crawlspace had what they termed as

Asked on October 16, 2018 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you would most likely not have a viable case because of what you write: "My home inspector even had a note in his report, "Special health warning" that I might want to hire an indoor air quality mold inspector. I evidently overlooked this warning. " A seller is only liable for not disclosing or correcting issues of which you are not aware or do not have some "warning" or reason to look for.  However, here,  you had a warning to look into a possible issue and hire an inspector to do further examination, which you chose to not do Because you had warning and declined to do anything about it, you waived or gave up your right to sue for this and the seller is not liable.


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