Mold situtation during final walkthru - Advice requested

[Arun]

Thanks so much for all the inputs.

Finally I was able to talk to my attorney today - Apparently he was busy with some court case.

Per him, there is no gurantee either way. If I dont buy the house, sellers can come back with a law suite once they sell the house with damages. If that happens, then it will totally be up to the judge.

Sellers did sent a letter to him yesterday saying that they have fixed the mold and I should buy the property now.

I asked my attorney if he will buy it if he was in my place. He said NO. In any case, I dont want to buy it if I can get out since even though mold is fixed, what if it comes back again. I dont know if root cause have been fixed.

He will be talking to sellers tomorrow to see what he can negotiate so we shall see...

Will keep you posted.

We are relocating from VA to IL so it has been very stressful. Living in temp housing with 2 kids since 6/24.

[sbd78]

I'm no lawyer, but shouldn't you legally be able to have a professional inspector come check it out, and if he feels the problem is not properly fixed, shouldn't you be able to get out of the deal?

[Arun]

Absolutely - Thats probably the next step.

Challange is that you can fix the mold but unless you find the root cause and fix that it will come back (Atleast thats what I have been told)

Attorney is trying to negotiate but if that doesnt work out, what you suggested will be our next step.

Appreciate your thoughts!

[Sweatin2theOldies]

Hi, The other posts stating that if an inspector (of your choice)finds a real problem you may distinguish your contract to buy that house.
If he finds that there was mold due to standing water, or dampened items on the floor/against the wall etc. that is not a problem. If the root cause is something more serious such as a crack in the floor, you could get an estimate from a basement sealing company and get a lot off the price of the house to remedy the root cause and to cover your time and trouble.
The sellers would probably sell to you at a highly discounted price so they can carry out their plans to relocate.
Mold (and I am allergic to it) is not the worst thing. If iLive mold spoars are in the walls, flooring underlayment, insulation, or wood studs, or sill plate this could be costly. If it is just surface mold due to (a number of things?), it can be easily remedied with no headaches. The inspector should be able to tell you. AND THEN, like I said, you are in a good seat to negotiate a new price for the house. I would walk away if it is going to be much more than having to seal the basement floors and walls though.
Mold and mildew is everywhere. Bleach kills it, Odo-Ban kills it and is great smelling. Vinegar is also a mildecide and is cheap and non-toxic.
Good luck. I hope it's nothing that can't be remedied, especially if you love the house.

[HeyItsME]

I agree with the other posters, you should not have to buy or lose your earnest money. Mold can be a huge problem...I would agree that they need to tear down the walls to find the root cause and see how far the spread is...and has it spread to the ducts??? I feel bad for you closing on a house ...its stressful enough and then to be threatened with a law suit...

[Arun]

I am still stuck with my awesome attorney. He hasnt reponded to my calls since 8/31. On 8/30 he said that he will get back to me next day. When I call his office they tell me that he is in and out and please leave your voice mail. I am sending him emails/faxes and voice mails daily but no response.

So I dont even know whats going on.

We have decided on rental but unless we hear back from him, I dont want to sign the lease.

Any thoughts?

Can you do anything against attorneys if they are not professional?

[sbd78]

I would dump him A.S.A.P. and get a new attorney! Your situation is stressful enough without having your attorney, the one who is supposed to be fighting for you, ignoring you!