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Kirk Adams
Kirk Adams, Lawyer
Category: Canada Law
Satisfied Customers: 31788
Experience:  Litigation Attorney
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We sold our grandma's house and now some medical symptoms of

Customer Question

We sold our grandma's house and now some medical symptoms of my family points to there being mold in the house. The home was inspected with all the usual inspectors. However, we didn't think to inspect it for mold. We are concerned about the family that is currently living there and would like a sample of the mold growing there to see what we were exposed to. My question, what are the legal ramifications of bringing this up to the family who currently owns the house, can we be sued or is it safe to tell them there might be mold in their house?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Kirk Adams replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist.Generally, the rule is that a seller must disclose any known issues to the buyer......and liability can extend to what a seller should have known. Thus, if there is proof that you knew or should have known of a mold issue, then there could be liability. However, if you didn't know and shouldn't have had a reason to know, there likely isn't any/much liability.
Expert:  Kirk Adams replied 2 years ago.
Also, it is incumbent on a purchaser to perform due diligence and conduct proper inspections, etc. Thus, if the buyer didn't get a mold test, there could be liability on him/her for failing to use proper care.
Expert:  Kirk Adams replied 2 years ago.
Thus, there isn't an absolute liability for you as the seller just because the house has mold....instead, the issue would be whether the buyer exercised reasonable due diligence and whether the seller knew or should have known of the problem.....