Colorado Belle
Junior Member
What is the name of your state (only U.S. law)? Colorado
I built the house in 1984. It's had a lot of water issues including a flood of two floors from a bear gaining entry and turning on the water in the sink then pulling off the garbage disposal. There is mold and I've tried to get it remediated BUT the court won't let me. This deserves explanation: divorced in 2003. Permanent orders ordered the house repaired so as to maximize profit from a sale. I appealed. Impermissably (and on another appeal) the trial court changed those perm orders to sell the house AS IS. A receiver was appointed and he was allowed to determine if any repairs were mandatory before the property could be sold. He hired someone to do mold remediation but all they did was replace a foot square piece of dry wall in a shower filled with mold behind the tiles (which are falling off). There is mold in the basement, the garage, the ceiling insulation (from roof leaking). I also suspect that mold toxin may remain under the hardwood floor which was flooded and then refinished which covers the entire main level.
So my problem is that I'm ordered to live here until it sells (I pay for it.)After a two month absence, I returned home Dec 26 and have been ill ever since:
flu like body aches without the fever or upset tummy of flu, swelling in weird places on my body (hands, outer thighs, neck, feet, ichy eyes, headaches and difficulty breathing. It lessons when I'm away from the house for an extended period. I've never had arthritis,and this was a very sudden onset so I don't think it is that.
I have two questions. FYI I hope the house doesn't sell because if I am allowed to fix it up per perm orders I can sell it for $1million more even in this market. But I'm ordered NOT to do anything to scotch a potential sale:
1)Can I file suit against the receiver and the court for not remediating the mold and damages, especially since living here is making me sick (not to mention the reduced price after disclosure.
2) I have to sign a disclosure statement and there are numerous 'hidden' problems that I know about. There is a catch 22: if I enumerate them, will the judge try to say I scotched a sale. OR, will it bite me in the butt because buyers will lowball (of course if they do, I could afford to buy my X's share)
CAn I add to a suit or to my appeal of the sale as is...that I'm being forced into a situation where I'm prevented from disclosure?
Finally, do the air tests really work? I can send away for a kit but it costs $250 so I'd like to make sure that it really works and will stand up in court.
And is there a blood test to determine if I suffer from mold toxins?
Thanks! sorry for my long winded explanation!
I built the house in 1984. It's had a lot of water issues including a flood of two floors from a bear gaining entry and turning on the water in the sink then pulling off the garbage disposal. There is mold and I've tried to get it remediated BUT the court won't let me. This deserves explanation: divorced in 2003. Permanent orders ordered the house repaired so as to maximize profit from a sale. I appealed. Impermissably (and on another appeal) the trial court changed those perm orders to sell the house AS IS. A receiver was appointed and he was allowed to determine if any repairs were mandatory before the property could be sold. He hired someone to do mold remediation but all they did was replace a foot square piece of dry wall in a shower filled with mold behind the tiles (which are falling off). There is mold in the basement, the garage, the ceiling insulation (from roof leaking). I also suspect that mold toxin may remain under the hardwood floor which was flooded and then refinished which covers the entire main level.
So my problem is that I'm ordered to live here until it sells (I pay for it.)After a two month absence, I returned home Dec 26 and have been ill ever since:
flu like body aches without the fever or upset tummy of flu, swelling in weird places on my body (hands, outer thighs, neck, feet, ichy eyes, headaches and difficulty breathing. It lessons when I'm away from the house for an extended period. I've never had arthritis,and this was a very sudden onset so I don't think it is that.
I have two questions. FYI I hope the house doesn't sell because if I am allowed to fix it up per perm orders I can sell it for $1million more even in this market. But I'm ordered NOT to do anything to scotch a potential sale:
1)Can I file suit against the receiver and the court for not remediating the mold and damages, especially since living here is making me sick (not to mention the reduced price after disclosure.
2) I have to sign a disclosure statement and there are numerous 'hidden' problems that I know about. There is a catch 22: if I enumerate them, will the judge try to say I scotched a sale. OR, will it bite me in the butt because buyers will lowball (of course if they do, I could afford to buy my X's share)
CAn I add to a suit or to my appeal of the sale as is...that I'm being forced into a situation where I'm prevented from disclosure?
Finally, do the air tests really work? I can send away for a kit but it costs $250 so I'd like to make sure that it really works and will stand up in court.
And is there a blood test to determine if I suffer from mold toxins?
Thanks! sorry for my long winded explanation!