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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 25917
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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We purchased a home in October 2012 in Pa. We did have a home

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We purchased a home in October 2012 in Pa. We did have a home inspection completed and were aware that the well water tank in the basement would need to be replaced in the near future. We now have mold throughout the entire basement and with the hot weather there are pipes sweating onto the floor which has nothing to due with the tank that needs to be replaced. When we first moved in I did note a green color on the laundry room floor and thought it just it was in need of cleaning. Now that the warm weather is here the pipes are sweating and leaking onto the floor and the same green color is back directly under the pipes on the floor. There is black mold everywhere. We are in the process of throwing out all of the furniture and are having a company come in to remove the mold and fix the problem. Do we have any legal rights regarding pursing the home owner for the financial burden we are now faced with?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. When the home inspection was performed, did the inspector check for any possible signs of mold? Also, prior to closing on the home and when you did the walk-thru, did you notice the green color on the floor or was it there prior to?
Customer: replied 3 years ago.

The home inspector stated that he did not see any water damage but the weather at this time was cold and the house was heated with a propane furnace in the basement. I am not sure if the green color was there on the walk through. They had left the house very dirty with trash that needed to be removed in all areas of the home and we negotiated prior to close cleaning costs. SmileSmileSmileSmileSmile

Pauline, thank you for the additional information. In order to have a valid cause of action against the seller/previous home owner, you are going to need to prove and show that they knew about the mold issue at the time the home was sold and failed to disclose it and/or hid it so it would not be revealed upon inspection or when you performed the walk through. The home is nine months old, so it is going to be hard to show if this problems was present at the time you purchased the home or developed after. You would likely need to bring in someone to inspect it, who is an expert, to determine how long the issue has been present and if it was possible that there were any signs that it was present and should have been noticed. It is possible it was there but nobody ever knew about it and as a result of the current temperature, is just coming out now. Moreover, there could have been an issue with the pipes and leaking that happened after you bought the home, which caused this. If you were to file a lawsuit against them for damages, they would likely come back and say this happened after the fact. As such, they should not pay. This is why I suggest having a professional inspect the home and see if there is a way to at least determine the age of it and then determine if something was done to try and hide it, which could be traced back to them and their actions.

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