• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Mold in attic, remediation was a condition of sale but never occurred.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ptisceo

Junior Member
What is the name of your state (only U.S. law)? Maine

I bought a house in 2011. During buyer's inspection, mold was seen on the roof sheathing. I stipulated proper remediation and treatment of the sheathing as a condition of sale, and was assured by the dual-agent realtor that this was completed prior to closing. Foolishly, I neglected to demand a report, and due to physical challenges and a lack of access to the attic, I was unable to physically check to confirm.

This summer, as part of prep to have more insulation added to the crawlspace, I had a hatch installed in the attic and it was found that the sheathing was never treated and the mold is worse, at this point. Do I have any legal recourse to go back against the seller or agent at this late date?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Maine

I bought a house in 2011. During buyer's inspection, mold was seen on the roof sheathing. I stipulated proper remediation and treatment of the sheathing as a condition of sale, and was assured by the dual-agent realtor that this was completed prior to closing. Foolishly, I neglected to demand a report, and due to physical challenges and a lack of access to the attic, I was unable to physically check to confirm.

This summer, as part of prep to have more insulation added to the crawlspace, I had a hatch installed in the attic and it was found that the sheathing was never treated and the mold is worse, at this point. Do I have any legal recourse to go back against the seller or agent at this late date?
You could sue the seller. I have to ask, though...how do you intend to prove that the remediation never occurred and that the problem just hasn't reoccured?
 

ptisceo

Junior Member
The stipulation specifically called out chemically treating the wood -- I'm told that antimicrobial agents will show up white on the wood, and there is none of that. Plus, they would have to produce documentation proving the remediation was done, and I don't believe they will be able to.
 

quincy

Senior Member
The stipulation specifically called out chemically treating the wood -- I'm told that antimicrobial agents will show up white on the wood, and there is none of that. Plus, they would have to produce documentation proving the remediation was done, and I don't believe they will be able to.
Here is a link to Maine's Title 33, Chapter 7, Conveyance of Real Estate: http://legislature.maine.gov/statutes/33/title33ch7.pdf

I believe there is a four year statute of limitations on contracts in Maine - the time within which you must file suit. You appear to be close to or have passed this time.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top