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The part of the contract that could possibly get you stuck is that thing about "If the seller's aren't willing to fix the issue". Yes, mold can be considered a Major Defect, but If they fix it and the mold specialist says it is totally remediated, you might have a hard time. Your Realtor should be trying for what you want though, and help you at least try to get what you want from this situation. It sounds like they might be ready to give up too early.
You're welcome. Just remember that there was something that made you choose this house. Whatever that thing is hasn't changed. You just need to have them fix the problem. Have your Realtor write up exactly what you want done, and that it must be done before closing or money to be put into an escrow account for payment. Now, maybe it does come back, but in my own personal experience, once it was remediated, there have been no further problems. And we still love the things that initially drew us to this house.
Sorry.... JUST LIKE A REALTOR! do or say anything to make the sale. Hope you will be as supportive when she post that her baby was born with defects caused from the mole that she thought was GONE!
The part of the contract that could possibly get you stuck is that thing about "If the seller's aren't willing to fix the issue". Yes, mold can be considered a Major Defect, but If they fix it and the mold specialist says it is totally remediated, you might have a hard time. Your Realtor should be trying for what you want though, and help you at least try to get what you want from this situation. It sounds like they might be ready to give up too early.
As I stated befeor DEMAND that the contractor will GUARANTEE that the mole is totally removed ( they can't and won't). End of Deal.
The part of the contract that could possibly get you stuck is that thing about "If the seller's aren't willing to fix the issue". Yes, mold can be considered a Major Defect, but If they fix it and the mold specialist says it is totally remediated, you might have a hard time. Your Realtor should be trying for what you want though, and help you at least try to get what you want from this situation. It sounds like they might be ready to give up too early.
I talked with an attorney yesterday and according to him/her, we will definitely get the deposit back if we go to jury of trial. There are many similar cases where the buyers won, and, as many others here and our INSPECTOR have pointed out, it is basically impossible to guarantee the black mold won't come back. It is of course won't be satisfiable to any reasonable buyer, including me.
I can't imagine they would even go to the trouble of trying to sue you...it would cost them a fortune and hold up their ability to sell the house to someone else in the near future. You could probably threaten to sue THEM if they don't gve you your earnest money back (I'm not a lawyer or a realtor though, just my opinion) as this is a legitimate and major flaw to the house.
I talked with an attorney yesterday and according to him/her, we will definitely get the deposit back if we go to jury of trial. There are many similar cases where the buyers won, and, as many others here and our INSPECTOR have pointed out, it is basically impossible to guarantee the black mold won't come back. It is of course won't be satisfiable to any reasonable buyer, including me.
Then you should be good to go! As long as you say you are not satisfied with the repairs, they can't really do anything about it. I am curious about if the sellers agreed to fix it at all or if you've given them a response yet or what they said. It could be that they would be understanding and not bother you about it at all.
I am not going to justify the person who is trying to attack me with any sort of response.
If I don't use an attorney to save time and the hassle, what will be my best next move? It seems there are three possibilities:
1) Tell the owners I don't think they can guarantee the mold won't come back, and therefore I back out right now. Actually we already provided the sellers a free mold inspection since we paid the inspector. If the seller don' give me money back, go to a small claims court to get the money back.
2) Or give the seller a response that simply asks for a total mold remediation and a guarantee that the mold won't come back forever. This response is almost impossible for the sellers to accept and then we can get the deposit w/o using an attorney.
3) Or, as in 1), reject buying this house in the response. And hire the attorney I talked with on Saturday to get the money back...
I am open to any other strategy. Any suggestion on how to get my deposit back without too much hassle will be highly appreciated!
To me, it depends on what you really want. At this point, If you just want to walk away, then do #3, just reject the house due to the inspection. If they balk, THEN you can worry about hiring an attorney or taking the next step.
What I'm saying is cross that bridge when you come to it, maybe it won't even go that far.
But my concern is how likely the mold, especially the toxic black mold, will come back.
Tomorrow-- are you certain that it's "toxic black mold" or is it just black mold? I'm purchasing a home w/ a minor mold problem in the crawlspace and attic, and yes, it's black mold. But it's not THAT black mold. A mold specialist would actually have to culture the mold, and have it analyzed in a lab for you to know the TYPE of mold growing. We did have that done, and our mold is potentially aggravating to those w/ asthma and other respiratory conditions, but for the most part, innocuous. I'm STILL having the sellers remediate the mold.
I guess my point is, don't psych yourself out until you know for sure what it is. Mold is everywhere - this is likely not the insidious black mold seen on television news exposes.
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Run Away Fast As You Can!!!!!
