Mold-Inspector missed it. Now I am being sued (agent, fees, insurance)
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I recently sold my home. The buyers brought in their own home inspector. The repairs were that I needed a newew patio roof, something done to the heater and new tiles on the roof. I had all of the repairs done totaling $4,000. The inspector also had that there was a leak under the sink. No one asked me to fix it. The buyers signed off. The house is there's.
Now my agent is telling me I didn't disclose a leak. So I could be liable. To tell you the truth I had forgotten about it it was so little. The inspectors picture of under the sink there were only three things of cleaning products. The only time I really get under the sink is to grab a cleaning tablet for the dish washer. I don't use a bunch of cleaners with chemicals because I use an industrial steamer to clean everything. So I never noticed how wet it was.
The buyer has now sent me a letter stating that I sold the house knowing that it had mold. He also included how he was buying the home for his girlfriend and brand new baby to live in the house and now they are unable to move in because of the mold.
I knew nothing of the mold. I didn't know how wet it was under the sink. Why didn't they have me repair the leak after they got the inspection. They are trying to get me to pay the $9,000 bill to clear out the mold. I never would have sold the house with mold.
Does the buyer have a leg to stand on? I am in California. Why aren't they blaming the inspector not me?
I recently sold my home. The buyers brought in their own home inspector. The repairs were that I needed a newew patio roof, something done to the heater and new tiles on the roof. I had all of the repairs done totaling $4,000. The inspector also had that there was a leak under the sink. No one asked me to fix it. The buyers signed off. The house is there's.
Now my agent is telling me I didn't disclose a leak. So I could be liable. To tell you the truth I had forgotten about it it was so little. The inspectors picture of under the sink there were only three things of cleaning products. The only time I really get under the sink is to grab a cleaning tablet for the dish washer. I don't use a bunch of cleaners with chemicals because I use an industrial steamer to clean everything. So I never noticed how wet it was.
The buyer has now sent me a letter stating that I sold the house knowing that it had mold. He also included how he was buying the home for his girlfriend and brand new baby to live in the house and now they are unable to move in because of the mold.
I knew nothing of the mold. I didn't know how wet it was under the sink. Why didn't they have me repair the leak after they got the inspection. They are trying to get me to pay the $9,000 bill to clear out the mold. I never would have sold the house with mold.
Does the buyer have a leg to stand on? I am in California. Why aren't they blaming the inspector not me?
Was the letter direct from the buyer to you or from a lawyer hired by the buyer? If it was from the buyer he's fishing to get some money from you. If it was from a lawyer hired by the buyer...
Get a lawyer and from this point on EVERYTHING GOES THROUGH YOUR LAWYER. You make sure ANY correspondence from the buyer is directed to your lawyer. Do not admit responsibility or take steps to remedy or settle. Did you know there was a leak?
And mold can set up as fast as 48 hours. Unless you knew the mold was there all you can say is that you sold the house in good faith and there was no mold at the time of inspection nor was there mold at the final walk through. Do you have a copy of the inspection report? Does it mention a leak? Any direction from the buyer to repair the leak?
Even if there is mold there nine thousand bucks sounds like way too much to take care of mold caused by a leak under a kitchen sink. We have done mold remediation on fixers and that price sounds outrageous.
You can't disclose what you don't know and can't be expected to tear things apart and look for possible mold. They knew about the leak under the sink even if you had forgotten about it. They bought the house knowing there was water leaking there. Where there is water leaking mold is a possibility. They chose not to address it. Not much you could have done.
The letter was from the buyer asking for the money by July 20 otherwise he will be contacting an attorney. I am calling an attorney tomorrow I will let you know what happens. I have a copy of the inspection report and it does mention the leak and has a picture under the sink with no mention of mold. He choice not to have me fix the leak.
Their own inspector noticed a leak, but no mold. So the inspector is going to testify that there was no mold at the time of the inspection.
What was the date of the inspection? When did the buyer close? When does he say he noticed the mold? Does he have pictures showing the mold? What are the dates of the pictures?
Don't lose any sleep over this. You'll probably be out attorney's fees, and maybe a few hundred for the mold (at worst) but 9K? The guy is trying to shake you down, pure and simple. The very fact that he's asking so much tells me it's a scam.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Have your lawyer send a response as soon as possible. Electrician4you is right, they are trying to scare you into coming up with some money. The fact that you demonstrate being well prepared to go to court with your own lawyer before they contact one after the 20th might be enough to make them think twice. Of course, there is no telling what a judge might determine. If you knew about the leak and didn't disclose it, you were at fault, inspection or not. The inspector is not liable, because they are not able to tear apart walls and floors to look for mold, just report what they are able to see. Of course, a savvy buyer and their realtor should have suspected possible mold when the report listed a leak, and at that point asked for further investigation and repairs including the mold remediation prior to the sale.
If you didn't know there was mold there, obviously you couldn't conceal that information and there is no chance that they can prove you knew. Since the leak was noted and no repair was requested, they can't argue that you didn't disclose the leak that you forgot about and the inspector should have noted any visible mold or damage.
I don't know about CA but in FL buyers also have the option of having mold tests done (which I assume they didn't do) and, even if there was a relatively higher level of spores in the air, there are no standards by which a level can be deemed unhealthy....at least, that is what the lab reports I've seen state.
I think they are upset and I understand their being upset but that doesn't mean you did anything wrong. I think I'd wait to see what happens before contacting an attorney. You'll probably receive a demand letter from their attorney and, at that point, talk with your own lawyer for a reply letter. See what happens from there.
Did the letter from the buyer contain a quote from a mold remediation company on their company form? I imagine that price also includes a new cabinet or section of cabinets...was there a quote for that?
A good point you make is: I knew nothing of the mold. I didn't know how wet it was under the sink. Why didn't they have me repair the leak after they got the inspection.
Also yes have them ask the inspector why he did not catch it?
Mold fears can be exaggerated and insurance companies will not pay out for mold because the fears got so silly they went out of control.
Fiscally if you try the things above and they don't work-paying for mold remediation might be better than paying for a lawyer.
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