We think sellers lied on disclosure report, we're first time home buyers. (negotiation, fee)
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I put an offer on a house last week, and after going back and forth with the seller, we came to an agreement on a price (still more than what I would have liked to spend). I had a radon test and home inspection done yesterday, which came back fine (except for a few small things). Today I decided to talk to the neighbor and see if he knew of anything wrong with the house and such. To my surprise they said that they used to rent the house out to a couple, but the couple had to leave because of black mold which was caused by flooding in the crawlspace. The neighbor goes on by saying, after the renters left, they installed a sump pump in the crawlspace and noticed they were doing drywall repairs inside.
On the property disclosure report, the seller said he was not aware of flooding or leaks, which contradicts what the neighbor said. My wife and I really like the house, but are a little put off now. We’re not sure if they completely removed the mold problem or if the flooding in the crawlspace was taken care of with the sump pump. I have 3 days left on the contract to back out. What would you do in a situation like this; back out of contract, try to renegotiate home price, continue with purchase as planned or something else?
I would insist on more time to have a mold inspector determine if any mold is present and if so, what type of mold it is. Some mold is innocuous, but if what the neighbor said is true, there is reason to wonder whether this mold was and to have an expert check it out. Your inspector should have checked out the sump pump. Did he/she?
Some of this will depend on the state, but years ago when DH and I sold our first house we asked about including a previous garage roof leak on the disclosure. We were told that we did not need to include it as it was repaired. (The house was new when we moved in and still under warranty when the leak developed. The builder fixed it.)
It sounds like repairs were made so they may not have legally been bound to disclose it.
Some of this will depend on the state, but years ago when DH and I sold our first house we asked about including a previous garage roof leak on the disclosure. We were told that we did not need to include it as it was repaired. (The house was new when we moved in and still under warranty when the leak developed. The builder fixed it.)
It sounds like repairs were made so they may not have legally been bound to disclose it.
Even if repairs were made they would have been legally bound to disclose the issue. As I recall, there is a specific question R/T mold in a home, but that may vary by state. Mold is a big deal, especially black mold. Why did OP sign the contract if he/she thought the home was too expensive? OP, if you're already having second thoughts, maybe you should bail out. Otherwise, you can hire a mold inspector to look at it. Your realtor can extend the option period to allow the mold inspection report to come in and allow for renegotiation, if necessary. Mold inspectors are separate from general home inspectors and have different certifications, so you would need a separate inspection for mold.
Always take what neighbors say with a grain of salt. Sometimes they have an agenda of their own.
However, now you have this new information (accurate or not), you need to act on it. Like others have said, ask the sellers directly, ask the home inspector to return to check out the crawlspace again (you should expect a fee for a return trip*), and maybe get a mold inspector involved.
That said, if you have big reservations, bail out now and find another house.
* I might charge someone for a return trip, but may not depending on the time involved.
ask the home inspector to return to check out the crawlspace again (you should expect a fee for a return trip*), and maybe get a mold inspector involved.
* I might charge someone for a return trip, but may not depending on the time involved.
Off subject a little, but I would expect that if there was something significant that the inspector should have seen, but missed, I not only would not pay for the return visit, but I would get a discount or even no charge on the original inspection, as the inspector didn't do the job I paid them to do. However, if there was nothing missed, I would definitely expect to pay the inspector for the additional trip. I wouldn't ask for a discount, but I'd be irritated if one wasn't offered, and I definitely would not use that inspector again.
We had an inspector once miss that there was a 2nd section of crawl space, separate from the other section, and that 2nd section was set up with growing lamps for pot plants. Not a big deal as far as a fix, but HUGE to miss it. He was very embarrassed and not only didn't charge us for that inspection, he gave us another for free, to keep our business.
Thanks guys for the help. I guess I have a lot to think about...
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