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buyer found mold unknown to seller

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homeownernc

Junior Member
What is the name of your state?What is the name of your state? North Carolina

We recently sold our house in NC and disclosed that we had repaired an icemaker leak , plus that we had a drainage problem in our back yard after heavy rains. (These were the only items that we were aware of) .The buyer started renovations on the floors in the downstairs and discovered mold in the subflooring that was unknown to us, and also not discovered by her inspection/inspector. She is seeking a significant financial
settlement, and claiming that we lied on our disclosure. We feel that we were truthful in our disclosure, and although we are very sorry that this problem existed in the house, we did not know about it at the time of the sale, and do not feel that the cost should be ours to bear.

Please send any and all comments. Thank you.
 


HomeGuru

Senior Member
homeownernc said:
What is the name of your state?What is the name of your state? North Carolina

We recently sold our house in NC and disclosed that we had repaired an icemaker leak , plus that we had a drainage problem in our back yard after heavy rains. (These were the only items that we were aware of) .The buyer started renovations on the floors in the downstairs and discovered mold in the subflooring that was unknown to us, and also not discovered by her inspection/inspector. She is seeking a significant financial
settlement, and claiming that we lied on our disclosure. We feel that we were truthful in our disclosure, and although we are very sorry that this problem existed in the house, we did not know about it at the time of the sale, and do not feel that the cost should be ours to bear.

Please send any and all comments. Thank you.

**A: thanks for posting. Now what is your specific question?
 

homeownernc

Junior Member
specific disclosure question

Specifically, we want to know if the buyer has a case.

A disclosure was provided on the basis of what we knew about the house, including what repairs had been done to the home, and thus our belief that the problem( ice maker leak) had been corrected.

Secondly, what / if anything should we be doing/preparing/researching in the advent of her legal action against us.

Thirdly, if the mold got there from some trapped water from the icemaker that went undetected to us while we were living there, would our homeowners insurance cover an instance like this??

Please come out of your catatonic state and help me get out of my schizophrenic state.
Thanks!
 

HomeGuru

Senior Member
homeownernc said:
Specifically, we want to know if the buyer has a case.

A disclosure was provided on the basis of what we knew about the house, including what repairs had been done to the home, and thus our belief that the problem( ice maker leak) had been corrected.

Secondly, what / if anything should we be doing/preparing/researching in the advent of her legal action against us.

Thirdly, if the mold got there from some trapped water from the icemaker that went undetected to us while we were living there, would our homeowners insurance cover an instance like this??

Please come out of your catatonic state and help me get out of my schizophrenic state.
Thanks!

**A: read the NC disclosure law and tell me what part of it you do not understand.
 

homeownernc

Junior Member
I feel like I understand the law, and that we gave a proper disclosure to the buyer.

I don't understand how the subsequent discovery of mold after purchase, and during renovations impacts us, and if we are liable for the buyers expenses. :confused:
 

HomeGuru

Senior Member
homeownernc said:
I feel like I understand the law, and that we gave a proper disclosure to the buyer.

I don't understand how the subsequent discovery of mold after purchase, and during renovations impacts us, and if we are liable for the buyers expenses. :confused:

**A: then read some seller disclosure cases whereby the courts have ruled that "these conditions are a material fact that existing prior to closing, and the Seller knew or should have known.........."
 

homeownernc

Junior Member
met with buyers

we met with the buyers today and saw the pictures and the extent of the mold. Her insurance agent decided that it was pre-existing, and due to the ice maker leak

We disclosed prior to the sale the information about the icemaker leak and the repairs performed.

My first question is: since we disclosed the facts about the icemaker leak and repairs does that cover us in the "material facts that were known or should have been known" division??

My second question is: is this a case where our homeowners insurance at the time that we owned the house would cover the damages.

Thanks !!
 

HomeGuru

Senior Member
homeownernc said:
we met with the buyers today and saw the pictures and the extent of the mold. Her insurance agent decided that it was pre-existing, and due to the ice maker leak

We disclosed prior to the sale the information about the icemaker leak and the repairs performed.

My first question is: since we disclosed the facts about the icemaker leak and repairs does that cover us in the "material facts that were known or should have been known" division??

**A: no.....

**************
My second question is: is this a case where our homeowners insurance at the time that we owned the house would cover the damages.

**A: probably not but check your policy.

**********

Thanks !!

**A: ok............
 

homeownernc

Junior Member
please elaborate

if we are not covered by either the law regarding disclosure, or our insurance what hope does somebody who is telling the truth have around here??
 

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