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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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we purchased a home in Indianapolis, IN., we had home inspection

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we purchased a home in Indianapolis, IN., we had home inspection done in May 10th, 2012, and closed on May 23rd, 2012. Most issues of real concern were addressed before and closing. Late August of 2012' we discovered an issue of major concern with a 'rot in the wood cedar siding', along side of bottom of house.
After contacting Inspection Service they tell us this easy fix.
Also we have Mold now with the home,What recourse should we take? We have had mold inspected and tracing source, soon doing Remidiation. I feel rot could be source of leakage of water.
Recourse suggestion, husband has Agent Orange related Parkinsons, I'm highly mold allergic
Thank you for your question. Please permit me to assist you with your concerns.

I am sorry to hear that you are in this situation. Do you believe that the sellers, prior to selling yu this home knew or were aware of this issue and that they failed to disclose it to you?
Customer: replied 4 years ago.
Yes most definitely, and the fact that the inspection company, and realtor we had working for us we later felt she lacked proper care , or concern for her clients.
We have hade more than usual issue to address in numerous issues,
Including a lot of electrical issues, we are be forced to address as well

Patti and Norman, thank you for your follow-up.

What you are describing is a potential violation of any home sale, be it a mobile home or a permanent structure. Any seller must disclose all known defects with the property, or defects that reasonably should have been known or found by them when they were maintaining the property. That includes the seller, their broker if he knew, and the inspector is any reasonable inspector would have been able to find this damage when they reviewed the property. As a consequence you could have a potential suit fro fraud and misrepresentation against the seller primarily for the costs associated with facilitating repairs to the property. I would strongly suggest these potential steps:

1. Retaining a new unaffiliated inspector to review the property and then potentially testify on your behalf that the damage was more than likely known and should have been both disclosed and discovered prior to the sale by your own inspector.

2. A real estate attorney who has experience with litigation should be retained and would need to evaluate the forms and documentation you have pertaining to this property.

3. A call to the seller, potentially by the attorney, should be made and demanded that they cover costs from repair. If they refuse to do so after you obtain enough supporting evidence that they should have informed you in this instance, then consider having the attorney file against all the parties listed.

Good luck.

Dimitry K., Esq. and other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Thank you so much, we will follow up
You are most welcome, and good luck to you!