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  #1  
Old 02-03-2005, 08:05 PM
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Join Date: Feb 2005
Posts: 3

Mold - seller did not disclose


What is the name of your state? MD
I purchased a townhouse in Oct. Prior to the purchase I requested home, mold and radon inspections. The results of the mold tests came back stating that the levels were a little high. I requested that the seller find the source of the mold and fix it. The seller chose their own company to "remediate" the mold. My basement was contained for about three days. I couldn't move in until the hygenist (sp) came out to inspect and give an "all clear". I finally did move in and about a month later I went in the basement and opened up the door to the furnace room, there was a puddle of water on the floor. I immediately called my home warranty company because I thought the hot water heater was leaking. The plumber comes out the next day with a new hot water heater. I go down in the basement just to check on the new water heater and there is another puddle of water on the floor. I called the plumber back and he came back out but couldn't find the source of the leak. By this time, the carpet outside of the furnace room is soaking wet (the water was seeeping through the wall). The plumber suggested that I call a basement specialist to find the problem. The basement specialist came out and told me that when it rains the pressure from the soil was pushing the water through the foundation. They gave us an estimate of 8,000 to fix. Once they started tearing down my drywall to get to the foundation, they noticed that the basement had flooded and the previous owners had finished the basement over the water damage. They had to tear down the drywall in my laundry room because that's where the sump pump is located. When they pulled the washer and dryer out, there were HUGE amounts of mold behind the drywall.
We took pictures of everything. The kicker is that the area that the sellers agreed to fix was in a totally different part of the basement. It was nowhere near the laundry room or the furnace room. My question is I signed a Maryland Residential Disclaimer Statement stating that I took the property as-is. Do I have any recourse? I spoke to two attorneys that say I have a case, but also say that the dollar amount (8,000) is too small for their time. Don't the sellers have to disclose any water damage or mold?
  #2  
Old 02-03-2005, 09:58 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by ludacrys
What is the name of your state? MD
I purchased a townhouse in Oct. Prior to the purchase I requested home, mold and radon inspections. The results of the mold tests came back stating that the levels were a little high. I requested that the seller find the source of the mold and fix it. The seller chose their own company to "remediate" the mold. My basement was contained for about three days. I couldn't move in until the hygenist (sp) came out to inspect and give an "all clear". I finally did move in and about a month later I went in the basement and opened up the door to the furnace room, there was a puddle of water on the floor. I immediately called my home warranty company because I thought the hot water heater was leaking. The plumber comes out the next day with a new hot water heater. I go down in the basement just to check on the new water heater and there is another puddle of water on the floor. I called the plumber back and he came back out but couldn't find the source of the leak. By this time, the carpet outside of the furnace room is soaking wet (the water was seeeping through the wall). The plumber suggested that I call a basement specialist to find the problem. The basement specialist came out and told me that when it rains the pressure from the soil was pushing the water through the foundation. They gave us an estimate of 8,000 to fix. Once they started tearing down my drywall to get to the foundation, they noticed that the basement had flooded and the previous owners had finished the basement over the water damage. They had to tear down the drywall in my laundry room because that's where the sump pump is located. When they pulled the washer and dryer out, there were HUGE amounts of mold behind the drywall.
We took pictures of everything. The kicker is that the area that the sellers agreed to fix was in a totally different part of the basement. It was nowhere near the laundry room or the furnace room. My question is I signed a Maryland Residential Disclaimer Statement stating that I took the property as-is. Do I have any recourse? I spoke to two attorneys that say I have a case, but also say that the dollar amount (8,000) is too small for their time. Don't the sellers have to disclose any water damage or mold?
**A: then talk to more attorney's to find one willing to take your case.
  #3  
Old 02-04-2005, 06:54 AM
Junior Member
 
Join Date: Feb 2005
Posts: 3
Thank you for your response. I plan to look for an attorney that is willing to take my case, but I am wondering if I am wasting my time since I signed that disclosure form?
  #4  
Old 02-04-2005, 09:18 AM
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Join Date: Jan 2001
Location: Texas Hill Country
Posts: 213
You might also do a search on this forum for other basement threads. Unfortunately your flooding basement is common, and all related problems stemming from such. Best of Luck.
  #5  
Old 02-04-2005, 09:23 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by ludacrys
Thank you for your response. I plan to look for an attorney that is willing to take my case, but I am wondering if I am wasting my time since I signed that disclosure form?

**A: we can't tell based on the limited general infornmation you provided. Only an attorney that reviews all your documentation ie, sales contract, disclosures, inspection reports, repair invoices, seller disclosure law etc. will be able to tell you.
Did you have a Realtor?
  #6  
Old 02-04-2005, 01:08 PM
Junior Member
 
Join Date: Feb 2005
Posts: 3
Quote:
Originally Posted by HomeGuru
**A: we can't tell based on the limited general infornmation you provided. Only an attorney that reviews all your documentation ie, sales contract, disclosures, inspection reports, repair invoices, seller disclosure law etc. will be able to tell you.
Did you have a Realtor?
Yes. I had a Realtor.
  #7  
Old 02-04-2005, 01:44 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by ludacrys
Yes. I had a Realtor.

**A: then I suggest sending the principal broker a certified rrr letter.
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