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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23978
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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After buying and living in our home months, we discovered

Customer Question

After buying and living in our home for five months, we discovered black mold in our furnace which has caused our air ducts to somewhat deteriorate, blowing dirt into the home. Prior to purchasing we did have the home inspected and even had the ducts scoped to insure air flow. Please help me figure out what I am to do.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.

Good morning. I certainly understand the situation and your concern. Do you know why there is a cap of $2500 on this? Also, what exactly your question?

Customer: replied 10 months ago.
In addition, there is absolutely no air flow going into the furthest room of the house. The sellers had the air vents covered with furniture and it was impossible to get to those vents. That is why we had the ducts scoped. We were not present when this was done; however, the sellers were. The scooping company, nor the sellers ever provided me with any reports of their findings. Can I go after the seller for payment for this?
Customer: replied 10 months ago.
After reading the cost estimate from the insurance company, I determined that they were listing the depreciation of the current furnace to be $6,500. Our furnace is 15 years old and has reached its life expectancy years ago. So No, I do not understand why they are caping this at only $2,500. Am I missing the picture?
Expert:  RealEstateAnswer replied 10 months ago.

Thank you for the additional information. If you can show/prove that the sellers knew about this and failed to disclose it, then you could sue them for the misrepresentation. However, if an inspection was done and nothing was discovered, it would be hard to come back now, 5 months after and try and claim this was present, since it could have happened after you took possession. Now, as far as their estimate, you can try and challenge this, if you do not think they are giving you a fair value. If you have evidence to show the furnace is worth more, you can present that to them, for an increase recovery. While you have insurance and it should HELP you, it does not mean they are just going to give you what you want, since they are in the business of making money and not overpaying claims. As such, you need to show them the value/cost of the damages and repairs and demand and challenge that from them and their findings.

Expert:  RealEstateAnswer replied 10 months ago.

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