Latest Discussions : Miscellaneous

02:11AM | 06/03/07

Member Since: 06/02/07
1 lifetime posts

Did not disclose mold on statment

Tags: Miscellaneous

My wife and I were buying a home on the disclosure statement the owner did not disclose that he knew about mold. The owner accepted my offer. My home inspector

Inspected the home, I also I had a service ticket for water intrusion in the master bedroom. We pulled the corner of the carpet up and there was mold. He took a sample

To send to the lab, my problem is He signed the paper I have knowing there was mold

Back in 2005 but he didn

tomh

07:36AM | 06/11/07

Member Since: 07/01/03
549 lifetime posts

The failure of a seller to disclose a defect is not uncommon, and it is very difficult to prove prior knowledge. Since you became aware of the mold during the inspection process, provided for in the contract, and exercised your option to cancel the purchase agreement, you have no damages from the failure to disclose.

Most important, the mold was apparently concealed under carpeting(your description). How can you prove the homeowner was aware of it and failed to disclose it. Is it plausible he was unaware or its presence or unknowledgeable of mold? Dismissed, next case.