Toxic Mold

What is the name of your state?
NEW YORK


What is the current law regarding TOXIC MOLD?

For example,
I sign a contract that has no special clause regarding mold.
I inspect the entire house with an engineer company and no mold is detected. After the inspection review period but before closing I detect toxic mold in the basement that has been around for many months / years. (serious black mold, etc.)

What are my options?
1) Can I force the seller to clean the mold (similar to repairing roof damage)?
2) Can I cancel the contract?
3) Do I have any other options?

Thank you,

[Bigfoot]

After the inspection review period

## What is an inspection review period?

but before closing I detect toxic mold in the basement that has been around for many months / years. (serious black mold, etc.)

##So why didn't you speak up before closing?

What are my options?

##If you closed, knowing the problems, then you're not fully disclosing other info related to this problem. You have no power. How can you cancel the contract after closing?

[HomeGuru]

[quote]Originally posted by MMR
[b]What is the name of your state?
NEW YORK


What is the current law regarding TOXIC MOLD?

For example,
I sign a contract that has no special clause regarding mold.
I inspect the entire house with an engineer company and no mold is detected. After the inspection review period but before closing I detect toxic mold in the basement that has been around for many months / years. (serious black mold, etc.)

**A: if the engineer company inspected for mold, why did they not find the mold that you state has been around for many months/years?

********
What are my options?
1) Can I force the seller to clean the mold (similar to repairing roof damage)?
2) Can I cancel the contract?
3) Do I have any other options?

Thank you,

**A: 1,2,3; it depends on the terms and conditions in your contract and respective state laws.

Let me clarify....


The contract has an inspection period of 7-14 days to check for termites, etc. After that inspection period, the buyer waives the right to inspect for termites.

Anytime before closing, even after the 7-14 days, the buyer has the right to demand a roof free of leaks, working plumbing, etc. because those are the terms of the contract. (standard contract)


THEREFORE, there are some issues that the buyer has a limited time to complain about (i.e. termites) and there are other issues that the buyer can demand up until closing (i.e. roof repair).

In this case, the closing did NOT yet occur, but the 7-14 day inspection period has passed. The inspector did not notice the mold since it was behind wood paneling and not readily visible. (perhaps the inspector did a bad job)


TOXIC MOLD is a fairly new topic. There is no mention in the contract of anything similar.

What are the buyer's options?
Can the argument be made that toxic mold is very serious and comparable to structural damage?
Can the buyer demand repair or cancel the contract? (before closing)

[HomeGuru]

Originally posted by MMR
Let me clarify....


The contract has an inspection period of 7-14 days to check for termites, etc. After that inspection period, the buyer waives the right to inspect for termites.

Anytime before closing, even after the 7-14 days, the buyer has the right to demand a roof free of leaks, working plumbing, etc. because those are the terms of the contract. (standard contract)


THEREFORE, there are some issues that the buyer has a limited time to complain about (i.e. termites) and there are other issues that the buyer can demand up until closing (i.e. roof repair).

In this case, the closing did NOT yet occur, but the 7-14 day inspection period has passed. The inspector did not notice the mold since it was behind wood paneling and not readily visible. (perhaps the inspector did a bad job)


TOXIC MOLD is a fairly new topic. There is no mention in the contract of anything similar.

What are the buyer's options?
Can the argument be made that toxic mold is very serious and comparable to structural damage?
Can the buyer demand repair or cancel the contract? (before closing)

**A: clarify if you are the Buyer or the Seller.

I am the buyer.

[HomeGuru]

The answers would be determined by the contingencies in the contract and state statutes and case law. I would say yes to your last 2 questions.