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Old 01-07-2004, 06:02 AM
wldrose13
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Buyer claims liable for mold when leak in basement that was fixed was disclosed


What is the name of your state? Utah
my grandmother sold her home december 2002. on disclosure she listed a leak in the unfinished basement that had been fixed. she knew of no associated problems. the buyer did not do an inspection prior to closing and signing papers nor request one from her. a few months after closing when they began digging out the concrete with a jackhammer and putting holes in the walls in the basement to install a sunken home theater they discovered mold in the walls and say the foundation is loose. they are now claiming that she did not disclose the mold and want her to pay for all the repairs. she hired an inspector after the fact and he said that he would not have known if not for the holes in the walls. the buyer still has not hired an inspector, they just want a copy of her report. now they want her to hire a mediator. and insist she bring a lawyer. is she liable for damages? what can she do?
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Old 01-07-2004, 06:12 AM
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Location: Raleigh, near Central Prison
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Your grandmother should let the buyers move forward with whatever nonsense they want. On the standard residential disclosure form, she would have indicate yes, no or no representation in regards to specific problems with the property.

She can't attest to what she didn't know.

The Buyers were given the right to an inspection, including property, radon and anything else. She indicated that there was a leak and that's all she knew.
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  #3  
Old 01-07-2004, 09:18 AM
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Re: Buyer claims liable for mold when leak in basement that was fixed was disclosed


Quote:
Originally posted by wldrose13
What is the name of your state? Utah
my grandmother sold her home december 2002. on disclosure she listed a leak in the unfinished basement that had been fixed. she knew of no associated problems. the buyer did not do an inspection prior to closing and signing papers nor request one from her. a few months after closing when they began digging out the concrete with a jackhammer and putting holes in the walls in the basement to install a sunken home theater they discovered mold in the walls and say the foundation is loose. they are now claiming that she did not disclose the mold and want her to pay for all the repairs. she hired an inspector after the fact and he said that he would not have known if not for the holes in the walls. the buyer still has not hired an inspector, they just want a copy of her report. now they want her to hire a mediator. and insist she bring a lawyer. is she liable for damages? what can she do?
**A: tell her to hire a real estate attorney to send a nice letter to the Buyers.
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