If I only found extensive mold after the close of escrow because the seller painted over it, what are my rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 Can contract be rescinded?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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 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Whether or not the purchase agreement for the unit you acquired can be rescinded due to the perceived non-dislcosure and concealment of mold depends upon proving liability and damages to the point that the costs for the repair are so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.
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.