Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I bought a house 5 years ago. It was duly inspected. There…

Customer Question
I bought a house 5...
I bought a house 5 years ago. It was duly inspected. There was evidence of mold under bathroom sink. At the time I didnt think it was that bad and bought the house planning to fix it...when i had time and money. Now 5 years later, i am addressing the fixing, have become really sick. Was it legal for the bank to sell me this house (bank owned at time) without fixing this , Or am I unfortunately naive enough that it was my "fault" for not questioning it at the time of purchase?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 10 minutes by:
2/12/2016
Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago
Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2,820
Experience: Knowledgable and Experienced Attorney
Verified

Hello, and welcome. I am a licensed attorney and happy to assist.

I'm sorry to hear of the situation and its effect on your health. Whether or not you may have a valid cause of action against the bank is dependent on the circumstances. You would definitely have recourse if the mold was known by the bank, but not disclosed and was something you would have no reason to discover through reasonable inspection at the time of purchase. The problem here is that you knew of the mold and discounted its importance, so the bank could not ordinarily be held liable for failure to disclose. An exception might lie if the bank knew it was toxic mold and misrepresented the situation as one involving a more harmless variety. In that case, the bank would be liable not just for remediation, but for damage to your health as well. It's a narrow exception, but worth mentioning.

I wish I could tell you the bank is strictly liable by the very existence of the mold, with nothing further, but having accurate information allows you to make informed decisions going forward.

I hope this helps. If you need additional information or clarification, please let me know and I will continue providing assistance. If I have addressed your concerns or pointed you in a positive direction, please remember to leave a positive rating when prompted, as that is how attorneys on this site are credited for the help we provide.

Good luck with this difficult situation.

Best,

Attorney 1

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attorney 1, Attorney replied 2 years ago

Just checking in to find out how your situation is progressing. Please let me know if there's anything else I can do for you. I'm here to help.

Best,

Attorney 1

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attorney 1 Your Own Question
Attorney 1
Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2,820
2,820 Satisfied Customers
Experience: Knowledgable and Experienced Attorney

Attorney 1 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
We recently moved into a rental property on 3/16. The day we
We recently moved into a rental property on 3/16. The day we moved in we noticed there was no refrigerator, as was agreed upon in the lease, and the water hook up had flooded the kitchen and the valve… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
How are you! My friend want to sell her house in las vegas,
Hi, Sir/MadamHow are you!My friend want to sell her house in las vegas, the house has a small mold area in bathtub area(he can fix it), right now, he had an offer come in, but the purchase agreement r… read more
Nishan Parlakian
Nishan Parlakian
Principal Attorney
56 satisfied customers
I would like to know if I have a good lawsuit case if a
I would like to know if I have a good lawsuit case if a plumbing company came to my house to fix a leak under sink which had mold growing and they were aware of it but they chose not to take proper pr… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have a real estate question: I purchased a rental property
I have a real estate question: I purchased a rental property 8 years ago in Portland, OR, without having inspection done because I was naive enough to believe the developer's words that the house was … read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I rented my single family 4 bedroom home I owned years
I rented my single family 4 bedroom home I owned for 36 years in Palm Desert, CA to a family from 2009 until May 5, 2015. On February 1st, 2015, I was informed by telephone from one of the tenants, Cy… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have been leasing a 2014 trailer with option to buy.
Hello, I have been leasing a 2014 trailer with option to buy. There has been a total of 3 kitchen sink/dish washer leaks, a bathroom sink leak in master bath, and a bathroom sink leak in other bath. T… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in Texas and have a contract to purchase my neighbors
I live in Texas and have a contract to purchase my neighbors house. It is offered below market value and agreed upon to be an as is sell. After she moved out I discovered water damage around large win… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,537 satisfied customers
Myquestion is on mold found in my garage and bathroom wall.
Myquestion is on mold found in my garage and bathroom wall. I saw it but had no idea it was mold. I was I'll and in hospital. Long story but it turns out my infection is fungo but fom outside , valley… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,947 satisfied customers
I purchased a 2 family house in New Hampshire 5 1/2 years ago.
I purchased a 2 family house in New Hampshire 5 1/2 years ago. At the time of purchase, there was a small apartment in the basement (not one of the 2 units listed as 2 family), with a stove (gas), sin… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
me and my fiancee bought a house a year ago and everything
me and my fiancee bought a house a year ago and everything during the inspection seemed legit. recently there was an issue with are down stairs bathroom and upon further investigation it was discovere… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I bought a condo in the end of January. Prior the purchase, the inspection repor
I bought a condo at the end of January 2011. Prior the purchase, the inspection report was completed in our unit. It was found that the leak from the bathroom unit upstairs damaged our bathroom ceilin… read more
socrateaser
socrateaser
1,031 satisfied customers
I just bought a home. FHA loan. Did a home inspection where
I just bought a home. FHA loan. Did a home inspection where the inspector made comments to spots in the bathroom on the wall. Didn't mention anything abut mold. FHA appraiser didn't mention anything a… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
I purchased a house in 2008. My realtor was inexperienced
I purchased a house in 2008. My realtor was inexperienced and had a friend do the inspection. Almost three years later this house is falling apart, serious foundation problems that will cost in excess… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I recently moved into a rental house in Coalinga, CA. I have
I recently moved into a rental house in Coalinga, CA. I have found mold under the bathroom tiles and also under the sink in the kitchen. Does this deem the house uninhabitable? What are the laws in Ca… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
We closed on our house on October 27, 2009. The real estate
We closed on our house on October 27, 2009. The real estate agent listed the house as a 4 bedroom three bath house. We have since found out that the house is only equipped with a two bedroom septic. T… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
My fiance put down $3000 earnest money on a home 4 plus months
My fiance put down $3000 earnest money on a home 4 plus months ago. It didnt pass inspection, therefore the bank wouldnt approve a loan. He only received $1000 back today. He was told it was state own… read more
GoLaw
GoLaw
Doctoral Degree
751 satisfied customers
With the home market being as it is, my husband and I need
With the home market being as it is, my husband and I need to know how to protect ourselves against Realestate Fraud. We are first time home buyers, and possibly getting close to purchasing a Foreclos… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My landlord gave me a five minute walkthrough to check out
My landlord gave me a five minute walkthrough to check out the mobile home. I signed a year lease. I didn't see all the mold. It is in the leaking ceiling, and it is under the sinks. I said something … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x