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I bought a house August. Prior to settlement i hired an

inspector to inspect the house...
I bought a house August. Prior to settlement i hired an inspector to inspect the house if there is any problems with the house, he failed to discover huge mold behind the kitchen cabinets. And it looks like previous owners covered it up, i spent thousands to fix the issue, can i litigate to inspector and previous owners to collect some of the money?
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Answered in 7 minutes by:
1/4/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 32,264
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If the prior homeowners took steps to cover up the mold, that's fraud. They don't necessarily have to disclose everything that's wrong with the house, but they can't hide it to prevent you from finding it. In this scenario, you could sue the former owners for the money you spend remediating the mold.

With the inspector, it depends partially on what you asked him to do, and partially on how well they covered up the mold. If he didn't spot it because they hid it, then he didn't do anything wrong. The question is whether a reasonable person in the same or similar situation (assuming his knowledge and skill sets) would have found the mold. If so, then he was negligent and you could also seek recovery from him. If he was only doing a surface inspection, the mold was covered up, or he wasn't supposed to be looking behind the cabinets (most home inspectors don't pull the cabinets off the walls to look behind them), then he's not responsible.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent customer service. Otherwise, please rate my answer positively so I get credit for assisting you today. Mobile users may have to scroll to the right. Thank you.

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Customer reply replied 7 months ago
The way we found out is when one of my helpers smelled mold asn we started pulling cabinets. We started pulling from water area since it was apparently a common area of mold, that's where the biggest mood was. I called inspector after finding the mold. He said that he checked for mold but didnt find anything.

If his report says he checked behind the cabinets or used mold detector, and he still didn't find anything, then you can seek compensation for negligence.

It still could come down to how well the prior owner covered it up. But the law allows you to sue both of them together and let the judge decide who is responsible.

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Customer reply replied 7 months ago
Great thank you.
I have 1 more question, there is a huge grand oak right in front of tge house, literally 3 feet front enterannce and 4 feet from tge garage wall. The area is enclosed. Im claustrophobic, i applied for tree removal but county didnt approve the permit since the tree was so old, what can i do legally to get approval?

I don't work in permits/zoning laws/variances, but you should be able to appeal the county's decision. If you can get medical documentation showing your condition, that might help.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 32,264
Experience: Attorney
Verified
Lucy, Esq. and 87 other Business Law Specialists are ready to help you
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Customer reply replied 7 months ago
Thank you for your help.

You're welcome. Have a good day.

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