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TexasAtty
TexasAtty,
Category: Landlord-Tenant
Satisfied Customers: 33935
11068102
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I closed on a house and it got water 2 days later, was told

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I closed on a house and it got water 2 days later, was told no to water and no to mold on disclosures, indicated to agent could not buy if it had mold, was told they tested for mold but it was negative because the daughter had allergies, I spoke w my atty and he said very difficult to prove they knew but now I have definitive proof because the wall had to be taken down -- any recourse? thanks
The water got into the house two days after you closed? So it was your house at that point?
Customer: replied 4 years ago.
yes
It will be very difficult to prove that the mold occurred completely prior to the time you bought the house. How long after the water got into the house did you discover the mold?
Customer: replied 4 years ago.
the atty said to follow up with him if I needed a water team and I haven't spoken w him yet he just knew about the water, but the water extraction team definitively said the walls and the mold would not have occurred after just one incident 2 days after closing - sellers agent said in the final walk through w my agent as witness no to water and no to mold
How long after the water entered the home did you get a determination as to the extent of the mold?
Customer: replied 4 years ago.
1 day, the walls revealed water and mold that could not have occurred
after 3 days in the home, blatant misrepresentation and I had
conversations w the agent about these issues
The oral representations probably aren't enforceable for a number of reasons. However if they misrepresented on the paperwork then it is a different matter.
The hard part is proving that the mold wasn't caused by the water that came in after you closed. It sounds like that is possible in your case since they inspected it so soon after the water entered. Usually is is several weeks before the inspection is done and there is no way to prove that the mold didn't start during that period.
Customer: replied 4 years ago.
The sellers are
divorcing, is it possible to pursue this? I can't
live in the home and told the agent before closing
the deal , the deal was off if mold was found due to mold allergies
I plan on
pursuing this because I relied on these
representations and disclosures
otherwise I would have brought in my own
experts,
Yes, you can pursue it against both of them if it was a community property home. If they stated on the disclosure that there was no mold then it can be pursued.
Mold is usually a hard case to pursue because it can crop up fast, it's hard to put a date on, etc. Yours is one of the rare cases where it may be possible to pursue since it was caught so quickly.
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