Mold-Inspector missed it. Now I am being sued (disclosures, appraisal, clause)
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The OP indicated they didn't even know about the leak until the inspection, so how could they know it was a long standing problem? He says it wasn't until the night before closing when the girlfriend was packing the items under the sink that they were aware there was a lot of water under the sink and an odor.
Read the original post.
The OP said he "forgot" about it.....for who knows how long. It still boggles my mind that the seller would fail to repair an interior water leak no matter how big it was. Seriously.
Sure the inspector saw the leak... but he probably could not visually see the mold, and inspectors are not going to start ripping apart cabinetry.
I'm not saying the buyers are not "dumb" for exploring further and requesting further examination/repair prior to purchase... but the damage caused by this leak is due to the negligence of the seller. Once he discovered the leak and did not repair it, he was responsible for properly disclosing the leak/non-repair of it and how long it had been going on.
Sure he "got away" with it.... for now... But he's not going to get any sympathy if an attorney/judge finds out that he knew of this condition previously.
Do you really think the buyer is going to roll over on a $9K repair bill? A couple hundred of bucks maybe... but I'd be surprised if they just let this go.
The seller knew about this leak. He did not disclose it.
Any reasonable person should realize that not fixing a leak of any size is going to cause issues.
This was a pre-existing condition. This was not a normal maintenance issue. To say that the OP bears absolutely NO responsibility is disturbing.
In some situations the OP could bear responsibility. In this case the leak was disclosed to the Buyer before the sale. Thats the whole purpose of the disclosure form, to inform the buyer. Again, the buyer was informed of the leak prior to the sale.
Quote:
Originally Posted by MaryleeII
BTW, was the letter from the buyer sent registered? If not, just deny you ever received it. If they do send something registered, refuse it.
Why? there is no obligation on the part of the OP just by accepting a letter. Besides its a better idea to keep all correspondence and keep any recording of voicemails. Making demand letters yourself instead of through a lawyer is a good way to cross the line into extortion if you don't know what your doing.
Quote:
Originally Posted by oldtrader
The leak was revealed, not the fact it was a long standing problem that had led to mold in the wall.
Then you are not aware, that a demand letter is most often sent, prior to filing a lawsuit in situations like this. It helps strengthen the lawsuit, as the other party is given a demand that they ignore, which after a short period of time the lawsuit is filed.
The fact that it was a long standing problem isn't reqd to be disclosed. The only disclosure reqd, if it was reqd at all, would be that there is a leak. Which was disclosed.
People who are serious about suing don't send demand letters from themselves unless they are seeking money owed for a service provided or account, that or they are really stupid. People who are serious get a lawyer and if the lawyer thinks its a good idea sends a demand letter.
There again, you're admitting culpability. Eve that much gives them something to work with. You admit you were aware of "something" before closing. Admit NOTHING.
Of course they were aware of something before closing, as were the buyers. It was in the inspection report.
The OP said he "forgot" about it.....for who knows how long. It still boggles my mind that the seller would fail to repair an interior water leak no matter how big it was. Seriously.
Sure the inspector saw the leak... but he probably could not visually see the mold, and inspectors are not going to start ripping apart cabinetry.
I'm not saying the buyers are not "dumb" for exploring further and requesting further examination/repair prior to purchase... but the damage caused by this leak is due to the negligence of the seller. Once he discovered the leak and did not repair it, he was responsible for properly disclosing the leak/non-repair of it and how long it had been going on.
Sure he "got away" with it.... for now... But he's not going to get any sympathy if an attorney/judge finds out that he knew of this condition previously.
Do you really think the buyer is going to roll over on a $9K repair bill? A couple hundred of bucks maybe... but I'd be surprised if they just let this go.
Good luck OP! Keep us posted!
The seller is not obligated to fix ANYTHING. Homes are sold every day that would be better off being torn down. That's because each buyer has different needs and desires when buying a home. Some buyers don't mind doing a lot of repairs themselves or hiring contractors to fix their home' others want a house in near perfect condition. But no matter what a buyer wants, the buyer is buying a used house. It's an as-is sale, just like buying a used car is. The seller signed the disclosure form, the buyers accepted the house in the condition that they found it in, and that's it. I will repeat that if the buyers were concerned about mold, they could have hired a mold inspector once they found a leak before the closing. They don't have a legal leg to stand on.
Every house has mold of some sort. Most is so minor it is harmless. I doubt your sink area has black mold bad enough to kill someone.
Absolutely true. Selling flipped houses I have had harmless mold professionally remediated. The mold expert even told me it was, but it was done to please buyers. The stuff that will make you ill is extremely rare. I've seen the bad stuff and I think it takes a lot to get to that point.
It does not matter if the OP forgot about 10 leaks in the home. As long as the buyer's home inspector located all 10 leaks, there is no lack of disclosure. As long as the OP was not aware of mold, I don't know how he can be held responsible. This could even go under the heading of a nuisance suit, and the buyer get hit for the seller's legal fees.
OP, go back now in your email, locate all you can regarding the sale. Perhaps even write out your recollection of events and email your Realtor to see if it matches their recollections. Ask him or her to isolate their emails and notes on the file in case they are needed. (Don't ask to share with you, just to be able to locate if/when needed). Make it a casual request, just in case they are needed.
I agree, premature to engage an attorney. I would be broke if I engaged one every time a hothead threatened to sue me when they didn't get the palace they couldn't afford. But that doesn't mean ignore documentation that could be useful several years down the road.
I knew about the leak but I didn't think it was bad. It is very large under area under the sink in a corner and very dark. The inspection report the inspector has a flash light in it and he still didn't see anything. I wasn't trying to hide anything. I took very good care of my house and if I would have seen how bad the leak was I would have repaired it when I noticed it. I would never have put my house on the market like that. The night I was packing up my girlfriend was packing up under the sink and told me it was very wet under there and she said it smelled funny. Even it did smell I have allergies really bad and my nose is always stuffed up and I can never smell anything. She told me after that had signed off and I was moving out.
The smell might have been mildew, which can be cleaned up with bleach. But you were not the only one to see that leak, the inspector saw it too and noted it on the report given to the buyers. That means if the buyers looked at the inspection report (and why wouldn't they?), they were informed of the leak. Now maybe many buyers need to be led by the nose as to what to do with the information on such an inspection report, but common sense would dictate that if there is a leak somewhere there might be mold or structural damage, perhaps, and it might behoove a buyer to check and see-well before closing-, if that is the case and what, if any, repairs need to be made. BEFORE they take possession of the house.
Your buyers didn't do that, which is why, as I see it, the problem is theirs.
People who are serious about suing don't send demand letters from themselves unless they are seeking money owed for a service provided or account, that or they are really stupid. People who are serious get a lawyer and if the lawyer thinks its a good idea sends a demand letter.
Wrong. Any good real estate attorney, would recommend the buyer in this case, sending a demand letter, prior to the attorney taking over if they do not respond and work out the money problem.
For those that are not from California apparently do not realize, that California law requires the home seller to reveal any MOLD problem, or potential for MOLD. This is not a maybe thing, but a legal requirement when selling a home. They also do not realize that if there is a serious mold problem, the California Health Department will order the home vacated till the problem has been permanently solved. This is because the types of mold that develop there, can be a serious health issue for a large percentage of people.
A water leak in the home that goes on very long, will in most instances cause mold to grow, often inside walls, etc. A leak in the roof, or side wall, and leaky pipes that are not repaired, are a regular source of mold problems.
The owner knew there was a long standing water leak, and did nothing to solve the problem. That is almost a guarantee that Mold will develop in California, often within walls, etc.
Even though there was a long standing water leak that caused a mold situation to occur, the owner did not fix the leak, nor did they reveal the problem as the law requires them when selling a home. Even when the girl friend told him there was a problem, he just let it slide.
Get this to court, and the buyers attorney will have a lot of fun presenting this case. The OP had better prepare not only to pay for the mold repair, but the judge can very well add on some punitive damages, and the OP being forced to pay all the attorney fees and court costs. California law is real strict on problems involving mold and not being revealed when the home sells, and with only the limited information the OP has revealed to us, any good attorney will find it easy to win this case.
People who are serious about suing don't send demand letters from themselves unless they are seeking money owed for a service provided or account, that or they are really stupid. People who are serious get a lawyer and if the lawyer thinks its a good idea sends a demand letter.
Wrong. Any good real estate attorney, would recommend the buyer in this case, sending a demand letter, prior to the attorney taking over if they do not respond and work out the money problem.
For those that are not from California apparently do not realize, that California law requires the home seller to reveal any MOLD problem, or potential for MOLD. This is not a maybe thing, but a legal requirement when selling a home. They also do not realize that if there is a serious mold problem, the California Health Department will order the home vacated till the problem has been permanently solved. This is because the types of mold that develop there, can be a serious health issue for a large percentage of people.
A water leak in the home that goes on very long, will in most instances cause mold to grow, often inside walls, etc. A leak in the roof, or side wall, and leaky pipes that are not repaired, are a regular source of mold problems.
The owner knew there was a long standing water leak, and did nothing to solve the problem. That is almost a guarantee that Mold will develop in California, often within walls, etc.
Even though there was a long standing water leak that caused a mold situation to occur, the owner did not fix the leak, nor did they reveal the problem as the law requires them when selling a home. Even when the girl friend told him there was a problem, he just let it slide.
Get this to court, and the buyers attorney will have a lot of fun presenting this case. The OP had better prepare not only to pay for the mold repair, but the judge can very well add on some punitive damages, and the OP being forced to pay all the attorney fees and court costs. California law is real strict on problems involving mold and not being revealed when the home sells, and with only the limited information the OP has revealed to us, any good attorney will find it easy to win this case.
Even though there was a long standing water leak that caused a mold situation to occur, the owner did not fix the leak, nor did they reveal the problem as the law requires them when selling a home. Even when the girl friend told him there was a problem, he just let it slide.
You keep stating there was a long standing water leak. Where are you getting this information? Also, the buyer didn't provide anything to the seller, as far as I saw from reading this, that showed that there is actually a mold issue. I would like to see where in the law it states that a seller has to disclose a potential for mold to buyers. How do they qualify potential for mold? Seriously? Any place that is the least bit damp could be considered a potential for mold. On top of that the inspector DID disclose the leak, which then disclosed the potential for mold. The buyers decided not to do anything about it.
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