If I just purchased a home but discovered mold in the kitchen and it seems like the seller tried to cover it up, what can I do?

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If I just purchased a home but discovered mold in the kitchen and it seems like the seller tried to cover it up, what can I do?

Asked on June 15, 2015 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the seller for fraud.

Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.

In other words, you would not have purchased the house had you known about the mold.

Your damages (the amount of monetary compensation you are seeking in your lawsuit) for fraud would be either the benefit of the bargain or your out of pocket loss.

Benefit of the bargain means that  a defrauded purchaser can recover the difference between the real and represented value of the property regardless of the fact that the actual loss suffered might have been less.

Out of pocket means that you can recover the difference between the price paid and the actual value of the property acquired.


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