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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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