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Clearly, you knew there was mold below the sink. Mold could be there for a variety of reasons. The most common might be that water was dripping from the sink or faucet to the area below the sink. It would be understandable that if the parties knew there was mold, but saw no active leaks - the reasonable course of action would be to kill the mold (which was done) and assume the problem was over.
You are suggesting that the agent and seller knew that there was a leak INSIDE the wall. You lived in the house for a year before you knew about the leak but you assume they all knew about it? I'm not sure that's reasonable to assume. The fix for the leak would not have been huge; open the wall, patch the pipe (cut and insert new piece of pipe), spray for mold (bleach), seal up the wall. It would be a pain but not a zillon dollar repair.
I had such a repair in a house I just bought. We had a heck of a time finding the leak (drove me crazy)- total cost to repair it = $200.00.
I'm sorry you had this problem but I'm just not sure this a case of fraud.
My family is interested in knowing any progress you make regarding the suspected hidden mold. We are 3 year renters in a home in N.Raleigh, NC. Last summer we reported a suspected mold expanding throughout the outside surface and in the crawl space underneath. The owners took no action. We suspect the poor economy and the owners going out of their personally owned business was the reason they did not do anything about the claim. We have since observed the ceilings and walls in the house. There is noticeable repainting over some previous paint. One of the bedrooms actually has a warped ceiling that was painted over. Please keep your posting active as we are doing whatever we can to stay educated on the subject and need to learn fast from the experience of others.
#1 ... why did you continue to rent there?
#2 ... according to another thread, your lease is almost up and the owners are moving into the house you've occupied.
Care to explain why you care so deeply about the suspected mold issue but, 1, didn't move and 2 have to move because your lease is up. Makes no sense.
... In fact, if there is such a thing, I think that the listing agent brought the house from the seller and then sold it to me for $10,000 more, with the help of my agent, despite the fact that the seller's signature (name) was on all of the documentations. The agent representing me chose the inspector for the house and termites and then ask me to arrive at the house 1 hour later than the inspector did because I would just get in the way.
If this is true it would be horrendous, but easy to prove. If the listing agent purchased the home there would have had to have been a transfer of title that would show up on the records.
Your agent should not have picked the inspector and had no business advising you to miss part of the inspection.
I don't know who is at fault about the leak and the mold, but just the things you stated above, and the fact that the price was adjusted due to an "error" is unacceptable.
I bought an older home in 2008. The list price online was $66,900. I gave a $500 earnest money deposit and the next day it was presented with an offer and my realtor called to say that the list price was wrong; it should have been $76,900. My real estate agent new before this that I had already qualified for a loan more than the $66,900. Almost one and a half years later, I have discovered that every time I have used the faucet in my kitchen, water was literally pouring in the wall behind the sink. There is a hole in a drain that is wide enough to put four fingers in it. In my inspection booklet, there was a picture of mold taken under the sink and a large sink hole in the soil under the house beneath that area. I had a contractor to come out to look and I was told that the mold was sprayed over with some type of product, but that was all that was done. He said that the problem had been there for four or five years. My agent didn't inquire about why the mold was there but it was listed as an item to be fixed. I believe that my agent worked against me with the selling agent and because of my ignorance, the problem was covered up. My home owner's insurance has already denied my claim. I have started legal advice but I am not getting any answers. If I can prove that they knew there was a problem but covered it up, do I have any recourse. Any advice you can give me would be very much appreciated.
Man....I hate to sound arrogant, but after all this time and you paid 66-76k....and you have a little mold - I say spend a few bucks, fix it yourself and save and stress and heartache from seeking and having to pay for counsel.
To the post about anyone putting a gun to my head, thanks so much for your kindness. We need more people like you in this world. To the family in Raleigh, I have hired a lawyer and he states that I didn't have to ask and didn't have to know to ask about the mold; by hiring a Real Estate Agent, he was being paid to ask and to know-that was my purpose in hiring him, because I didn't know what to ask. I have had a second inspection done and the difference in the 2 inspections is day and night. I don't know where I will get with this case, but it won't be because I haven't tried. I have no doubt that I was misled in so many ways when it comes to buying this house and especially since it is an older house. I was a sure sell and I was taken advantage of.
Rejenell...so sorry to hear about your problems. I'm in a situation where I was taken advantage of and sold a house full of water/moisture/mold problems. All of which were NOT disclosed that I have later found out about from a neighbor and a previous tenant. I hope things work out for you. Some people out there have no heart and just do not care. I'm currently dealing with my issue and it is horrible. An unheard of story. I also have a lawyer and hope things work out the way they should. Good luck. Have you been sick from the mold or anything? Curious too hear.
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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I'm sort of curious if you've already engaged legal counsel what more you expect to gain from posting in this forum. The facts will be heard in open court (if you end up going that far) or if your contract had an arbitration or mediation clause. Opinions expressed here aren't going to change anything or give you some ammunition for your case.
I do, however, hope it is settled to your satisfaction.
Did someone put a gun to your head and force you to sign your closing papers prior to the mold being mitigated to your satifaction? Unless this was the case you should look in the mirror for the person who is responsible for your current predicament.
My lawyer says different. Are you someone that was taken advantage of by a dishonest homebuyer?
I'm sort of curious if you've already engaged legal counsel what more you expect to gain from posting in this forum. The facts will be heard in open court (if you end up going that far) or if your contract had an arbitration or mediation clause. Opinions expressed here aren't going to change anything or give you some ammunition for your case.
I do, however, hope it is settled to your satisfaction.
My original post was simply me looking for answers. There was one response asking me to keep the post updated because they are going through something somewhat similar. I do it so that maybe it will help someone going through the same thing. You must be an attorney. I am not a dishonest person. I am not out to get something for nothing. I was taken advantage of on a large scale and believe it or not, it wasn't done on purpose. I am sure you know that this happens everyday.
I bought an older home in 2008. The list price online was $66,900. I gave a $500 earnest money deposit and the next day it was presented with an offer and my realtor called to say that the list price was wrong; it should have been $76,900. My real estate agent new before this that I had already qualified for a loan more than the $66,900. Almost one and a half years later, I have discovered that every time I have used the faucet in my kitchen, water was literally pouring in the wall behind the sink. There is a hole in a drain that is wide enough to put four fingers in it. In my inspection booklet, there was a picture of mold taken under the sink and a large sink hole in the soil under the house beneath that area. I had a contractor to come out to look and I was told that the mold was sprayed over with some type of product, but that was all that was done. He said that the problem had been there for four or five years. My agent didn't inquire about why the mold was there but it was listed as an item to be fixed. I believe that my agent worked against me with the selling agent and because of my ignorance, the problem was covered up. My home owner's insurance has already denied my claim. I have started legal advice but I am not getting any answers. If I can prove that they knew there was a problem but covered it up, do I have any recourse. Any advice you can give me would be very much appreciated.
In Missouri the seller and the real estate agent are required to disclose any defects that would negatively effect the condition or value of a home. It appears you were aware of the mold (if not the drain situation), therefore, I would think that a reasonable person would have performed due diligence to determine what the problem was before purchasing a house. If you had not been aware of the mold issue, then the realtor or seller should have brought it to your attention, but that was not necessary.
Nobody forced you to purchase that house. You knew there was a problem and continued the transaction. You cannot blame them for not following up on the cause and determining the correct course of action to take.
Mind you, this is Missouri, and your state may be different. You need to consult with an attorney that specializes in real estate matters.
20yrsinBranson
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Gun to my head
