Issue with mold in attic and no mention in disclosure

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Issue with mold in attic and no mention in disclosure

We are first time home owners. Closing done this month 07/06. In disclosure there was no mention of mold in attic. The real estate agentdual agent also never mentioned it to us. In inspection report it was mentioned

Asked on July 23, 2017 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF the sellers knew, or reasonably must have known (logically, under the circumstances, must have known) about the mold but nonetheless failed to disclose it, they may have committed fraud. If you have a contractor (the Servpro employee) who can, if necessary, testify that he told the owners that there was mold, then it is very likely that you can establish their knowledge. In that case, you could sue the sellers--unfortunately, if they will not voluntarily compensate you, the only way to get compenation is via a lawsuit--for the cost to remediate or correct the problem (i.e. to get rid of the mold and fix any damage done in the process). 


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