Mold-Inspector missed it. Now I am being sued (disclosing, attorney, repairs)
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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?
I think the OP needs legal representation from the beginning.
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?
Mold, schmold. Who did you sell the house to, Jesse Jackson? This is a shake-down. They want money.
Tell him call you back when he is sick.
Mold is everywhere on planet earth. Are you going to pay to have it cleared out of your yard, too? Because it is there.
Quote:
The term "toxic mold" is not accurate. While certain molds are toxigenic, meaning they can produce toxins (specifically mycotoxins), the molds themselves are not toxic, or poisonous. Hazards presented by molds that may produce mycotoxins should be considered the same as other common molds which can grow in your house. There is always a little mold everywhere - in the air and on many surfaces. There are very few reports that toxigenic molds found inside homes can cause unique or rare health conditions such as pulmonary hemorrhage or memory loss. These case reports are rare, and a causal link between the presence of the toxigenic mold and these conditions has not been proven.
I spoke with an attorney today and he told me it was just a demand letter from the buyers ignore it. If I receive something from their attorney then call him.
I spoke with an attorney today and he told me it was just a demand letter from the buyers ignore it. If I receive something from their attorney then call him.
and don't respond to them at all. Even if they knock on your door, hand them your lawyers phone number.
How did they get your new address? Did the real estate give it to them?
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 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 mold will be in the walls, not just under the sink, and that is why it is not visible when you look under the sink. The mold smell is the tip off, when your girlfriend smelled it. It also is probably under the sink system itself, as water worked it self down. Sub floor, etc.
Did you get advice from a real estate attorney, or maybe a divorce attorney. The advice may would have been different, due to their different knowledge and experience.
The mold will be in the walls, not just under the sink, and that is why it is not visible when you look under the sink. The mold smell is the tip off, when your girlfriend smelled it. It also is probably under the sink system itself, as water worked it self down. Sub floor, etc.
Did you get advice from a real estate attorney, or maybe a divorce attorney. The advice may would have been different, due to their different knowledge and experience.
Any decent attorney would give the same advice. This is not a situation where the condition will worsen and increase the cost of remediation while the legal process grinds on. If that were the case the present owner would be responsible for any increased damage. In the meantime all that exists is the "gimme" letter from the buyer. There is no need to spend a dime unless a genuine claim is made through the court system.
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?
Don't talk to anyone about this. Nobody except your lawyer. Don't contact the new owners. Ignore any attempt to contact you or any letters they send you. File any voicemails or letters they send.
No need for getting a lawyer yet. Not until you get a letter from a real lawyer or served. You can't do anything to help yourself yet. Just don't hurt yourself by commenting on it.
IMO they don't have a case and will likely be shown the door by any lawyer they contact, if they give them the whole story. Doesn't matter if you didn't disclose the leak, the home inspector did disclose it to them. They accepted the house knowing there was a leak.
If you didn't know anything about mold then there is nothing to disclose.
As long as you didn't hire a company to treat mold or something similar that can be used to prove you knew about existing mold then they don't have a case.
Now anyone can sue you for any reason at all. Its gonna cost them more than 9k to bring this suit and it has a near zero chance of winning. Once they talk to a lawyer they will slowly come to grasps with this fact.
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.
I really don't believe that the new buyer is trying to shake him down for money... They just want this fixed. They want the BILL paid for. Where does it say they are looking for anything more?
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