JUST Took possession of home with undisclosed problems

[moldhomeowner]

What is the name of your state (only U.S. law)? Iowa

I took possession of a home and began painting with the anticipation of moving in afterward. As I was painting, I noticed the baseboards were not firmly attached to the basement walls. After looking closer, the sheet rock was soft and mushy at the base and the baseboard fell off the walls. Upon closer examination, all walls were soft and mushy and the sheet rock was loose from the wall. I tugged on the sheet rock and the 4 x 8 sheets fell off the walls. The walls contained black mold 2 to 3 feet from the floor. This damage is on all the walls (both along the foundation and in the center of the basement.)

After speaking with the new neighbors, the seller had two episodes they know of that resulted in 2 to 3 feet of water in the basement. This was not disclosed. They checked the box as no known water damage. The damage is extensive and as I understand it....extremely dangerous. So needless to say, I have not been able to move into the home.
I contacted my agent and also the sellers agent. My agent no help. The sellers agent did not respond to my email.

Now, 2 weeks later, I am still not able to move into the home.
The home was inspected but the inspector did not test for mold.

Iowa has had an extremely wet summer, however it is obvious that it is prior damage by the decay of the sheet rock, the amount of black mold and the decay of the wood behind the sheet rock.

I also have evidence of the fact the previous owner tried to patch and paint over the soft areas. In fact, on the day of final inspection, we were delayed because the previous owner was doing touch up painting in the basement.

According to the neighbors, between the home inspection and the day of possession, the seller had a sewage backup. I was not notified of this either. According to a plumber, the basement shower will not drain due to a sewage back up.

The 'money pit' is sitting idle with plumbers, sheet rockers and contractors repairing the damage just so I can move in. What is my recourse? The costs are more than what small claim court allows. I have witnesses, neighbors, photos, etc. not to mention blisters, headaches and limited time to move in.

What is my next step?

 

[JETX]

What is my next step?

Your FIRST step is to document the damage... at least photographs, at best video.... BEFORE starting any repairs.
Then, get a GOOD contractor in there to give you a WRITTEN estimate with statement of his opinion as to the problem(s).
Third, make a WRITTEN demand on both the seller and the sellers agent.
Forth step depends on their response.

 

[CraigFL]

Did your home inspector miss this or is something written about it in the inspection report?

 

[moldhomeowner]

The inspector did not inspect for mold. He inspected mechanical, electrical, windows, etc. but not mold.

 

[moldhomeowner]

Thanks for the responses. I've done step 1, 2 and 3 and I've contacted the agent, but she did not respond. She contacted my agent to advice him she knew nothing about any water problems. Is she liable along with the seller?

 

[dmiller12]

Is she liable along with the seller?

That's up to a judge to decide. I would act as though she is liable and include her in on the steps that JetX laid out. I'd also include the home inspector too. Based on your explanation your inspector didn't do his job.

 

[JETX]

I'd also include the home inspector too. Based on your explanation your inspector didn't do his job.

Not correct. A Structural/Mechanical inspector has no specific obligation to SEARCH for mold. Especially that which is HIDDEN.

 

[xylene]

Not correct. A Structural/Mechanical inspector has no specific obligation to SEARCH for mold. Especially that which is HIDDEN.

Unless the poster had of course paid for such a check but did not receive it...

 

[JETX]

Unless the poster had of course paid for such a check but did not receive it...

Gee... and where does the OP say that he/she did that???

 

[xylene]

Gee... and where does the OP say that he/she did that???

The op has not stated what was in their contract with the home inspector.

But unequivocally excluding the home inspector from liability for the mold sounds good.

Also i think 'squishy' falls under structural fault.

Damn this home inspector looks better all the time.

 

[JETX]

The op has not stated what was in their contract with the home inspector.

But unequivocally excluding the home inspector from liability for the mold sounds good.

Also i think 'squishy' falls under structural fault.

Damn this home inspector looks better all the time.

Oh, Christ!! Now I have to give a legal education.

Yes, the OP did say what their 'contract' was.... it was a "mechanical, electrical, windows, etc. but not mold."

Mold inspection is a SEPARATE inspection.

Only YOU said it was 'squishy'. The OP said "baseboards were not firmly attached to the basement walls. After looking closer, the sheet rock was soft and mushy at the base and the baseboard fell off the walls."
And depending on the amount of 'soft and mushy' and whether it was noticeable WITHOUT removing baseboard would go a long way to determine if a structural inspection SHOULD have caught it... or not.

"A structural inspection is a visual inspection of the foundation elements, bearing walls, beams and columns, floor slabs, framing, crawlspace areas, and drainage. These components are observed for signs of movement, distress, damage, and/or the ability to adversely affect the rest of the structure."
Doesn't say ANYTHING about 'squishy'.

 

[moldhomeowner]

Thanks for all of your replies. The home inspection company has a clause that states they are not liable for mold or anything hidden upon inspection. So they have their bases covered. The previous home owner was good at hiding and covering over any visible signs. So far all sheet rock has been removed and the problems just continue. I believe my only recourse would be to proceed with legal action toward both the seller and the seller's agent. I can't believe she didn't know.