Bought house has mold can’t move in owner offered 12,000 to fix house
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Bought house has mold can’t move in owner offered 12,000 to fix house
mold is in every room house it will cost more than that owner is the realtor who sold me the house
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: 1. What state is this in ? 2. Did you guys ever have a mold inspection done prior to this?
I'm in and out of the office today, but I promise that: 1. This chat thread stays open for you; 2. That I will follow up with you; and 3. Your question will be answered; and 4. If you have follow-up questions you're free to ask. Thanks!
No we didn’t realtor/ owner never disclosed house had water damage they used a oil base paint they left garage to seal all cabinets walls were they had leaks it covers stain and odor bucket says …. had to chip paint off revealed mold… they have on there insurance claim for roof she forgot to mention it was hail damage that penetrated the house flooding she said but air dry replace carpet and floor… no walls just patched them up… hail went up though the roof mold in roof as well they replaced shingles but not damaged wood…
Understood! So you're just wondering what your rights are here, correct?
Yes correct only want pay to remove mold not replace walls kitchen cabinets
Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.
Generally, under the law, sellers of residential property are required to make certain disclosures to buyers. These disclosures generally fall into one of two categories: (1) physical defects in the features, fixtures or appliances of the residence; and (2) structural or site hazards, environmental hazards, or noncompliance with building codes and permits. For most residential contracts, the seller or their agent must provide a standard disclosure form to the seller with whatever defects the property is known to have. If a party knew or should have known of the condition of the property, then the buyer may be entitled to some damages. For a buyer, their remedies generally include: 1. Damages for breach of contract 2. Specific performance (requiring the breaching party to remedy the error rather than pay money) 3. Damages for fraud if seller/agent knowingly misrepresented the defects in the property 4. Rescission of the purchase agreement 5. Cancellation of the agreement So what does this mean?
It means you have to look at what a court would order: The court should find in your favor because the seller, who is also a licensed realtor, had a legal duty to disclose all known material defects, including the extensive water damage and mold issues, but failed to do so. Instead, she actively concealed the damage by painting over mold, patching walls, and withholding critical information about the history of flooding, hail damage, and an insurance claim that took two years to resolve. These actions demonstrate fraudulent misrepresentation and a breach of her fiduciary duty as a realtor. Her attempt to argue that marking the title as "flooded" absolves her is insufficient, as you were never directly informed of the severe structural issues or the ongoing risks. The mold, structural damage, and remittance costs far exceed the value of her minimal $12,000 offer, making her actions negligent and deceptive under real estate laws meant to protect buyers.
So what is it you do? 1. I recommend sending a demand letter to this seller advising the seller that they need to refund any money that you've paid (such as any earnest money or any inspection fees, and moving fees you can't recover) 2. Send it to both the realtor and the seller; 3. So you can send this in any way want. It can be text, email, certified mail, or in person. I usually send letters via email because it’s faster and cheaper.
If the seller had no realtor, then just send it to the seller.' Nevertheless, as far as what to say generally: You can state that you bought this house from the seller and later discovered it has mold in every room, including the attic and roof. This mold is the result of previous flooding and hail damage that the seller never disclosed to you. Instead of fixing the damage, she patched walls, painted over mold with oil-based paint to hide stains and odors, and ignored the underlying issues like rotten wood and structural problems. You can say that she never informed you of the flooding, water damage, or the true extent of the repairs needed. You can suggest that the offer of $12,000 to fix the mold is nowhere near the amount it will cost to repair the house. I would never have bought the property had you known about the water damage, mold, and incomplete repairs. You can state she "deliberately hid this information to make the sale, leaving you with a home that is unlivable and filled with hidden defects." Then, I would demand some specific sum from them. Does that help clarify things? I want to make sure I didn’t leave anything out.
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