disclosure

my fiance and i recently bought a house in ks. we acquired a fha mortgage through cendant mortgage co. 2 appraisers and a home inspector were hired. we were allowed access to the house 3 days after closing, at which time severe mold, mildew and rodent problems became apparent. we did not see these problems due to the amount of furniture ect. in the home. I was told by the seller that there was a flood in the house about 3-4 years ago, due to the pond on this property not being adequately dammed and drained. i asked if there had been proper clean-up and if there were any resulting or remaining problems due to this flood. was told no. the only mention of mold on the inspectors report was limited to areas underneath bathroom fixtures, was told that by simply replacing fixtures, probem solved. i asked this inspector if he would be afraid of this house for any reason, he said the sellers had been hard on the house, but it just needed cosmetic work, otherwise appeared to be in sound shape. i had asked the sellers about water problems in pipes, about pest and rodent problems. told no problems. we since hired an e.p.a certified inspector, his reports states that the house needs to be gutted. i thought i asked all the right questions, thought i hired enough inspectors, was relying on the information given by the inspectors and the word of the real estate agent and seller. I am still in an incredible mess. do we have a case against anyone? sorry for length of this post. this only explains a few of our problems with this sale.

[JETX]

It certainly sounds on the surface that you may have a case against the seller and/or inspector.

However, the chances of success will hinge greatly on the documents and facts that you have. Your post mentions several questions that you asked, but doesn't say anything about the answers being in writing. That would greatly influence your chance of success.

I would suggest that you contact your county or state Bar Association and ask for a low (or no) cost referral to an attorney in your area experienced in real estate law. Then, take all your documents and records in and have him/her review them.

[faithandhope]

Also check with your inspector's contract. Most inspectors clearly specify in writing that they do not inspect for environmental, biohazard or infestations of any kind. Mold, asbestos, radon and wood destroying insects or pest would be above and beyond a state licensed inspector's scope unless specifically stated that they do look for those hazards. That's where your environmental engineer/inspector comes in. Because they do not move furniture or do a destructive inspection there may be limitations. Sounds like the seller and their agent gave you limited disclosure of the severity of the flooding and damage. Get all estimates in writing of repairs done. Best of luck.