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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I am the seller, I obtained my CO from the town and after

Customer Question

I am the seller, I obtained my CO from the town and after got an email stating the buyers wanted out. The agent put in writing that I have an ongoing water problem and mold in my home. And due to a cracked floor joist that I have severe structural damage. That is not how the home inspector worded it at all. I had professionals address the areas stated and there was some water in my crawl space that I had cleaned, the penicillin fungus (which comes within 24 hours of standing water and not harmful) remediated and crawl space waterproofed. We had just had a nor'easter . I have never had water in my house in the eight years I have been here. The agent has made statements about my home that are not true and will effect me selling the home. They had a $5000 deposit I asked for half. They offered $1000. Can pursue the agent for her false claims. My do feel bad for the family on the other side that had bad representation.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. I am a licensed New Jersey professional and will be happy to assist you with your concerns.

My apologies but what specifically is false with the comments? Are the comments simply overblown or are they outright untrue?

Customer: replied 1 year ago.
She made the claims my house and garage had mold from a home inspection. Home inspector simply said microbial growth. She is not a professional in this area . The garage had moisture marks not mold or fungus at all. Marks in the drywall because if was touching the block. She also said on going water problem which is totally false. The inspector said have the floor joist fixed and she said severe structural damage. They wanted out as soon as they heard mold.
Customer: replied 1 year ago.
They did not even want to give me the option to address which is my contractural right. We had to beg for their list, which was over the top. My house has now been off the market and coming into slowest season to sell. My understanding is she cannot make claims that shebisnjit an expert in.
Expert:  Dimitry Esquire replied 1 year ago.

Hello,

Not to defend the agent, but 'microbial growth' is mold or bacteria growth. To sue the agent you need to prove and show that the statements are false, or so distorted as to appear false. But on that basis I am not quite seeing a valid cause of action. I do agree that claiming 'severe' damage is very likely an unreasonable description, and water claims are potentially puffed up, but are still accurate if you did have water damage. Having said that, since they failed to give you a chance to make repairs or mitigate damages, their removal is not reasonable. On that basis you do not have to agree to return the deposit, but suing the agent is probably not a successful option.

Sincerely,

Dimitry, Esq.