Legal Question in Administrative Law in California

Depreciation in prooerty re-sale value due to disclosure of mold damage

My property suffered extensive mold (including black mold) and water damage and remained unrepaired for one year. The property is now fixed after I filed a lawsuit against the defendants.

It is my understanding that I am entitled to ''future damages'' when I disclose the existence of mold to prospective buyers in the future and suffer a depreciation in the re-sale value of my property.

Are there attorneys who can take my case and help me out?

Thank you.


Asked on 10/09/07, 2:33 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Depreciation in prooerty re-sale value due to disclosure of mold damage

Sure there are. That is, if you can somehow prove the loss of value. While you are entitled to seek that in your suit, proof would be hard to come by. You'd try by having an 'expert' appraise it and testify in court.

If the damage has now been repaired, your suit would have limited remaining value, for loss of use during repair, etc. You'll have to compare the costs of experts and litigation expenses, versus the potential recovery, to decide how to handle the case. Feel free to contact me to discuss if the case is in SoCal courts.

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Answered on 10/09/07, 3:05 pm
George Shers Law Offices of Georges H. Shers

Re: Depreciation in prooerty re-sale value due to disclosure of mold damage

You also need to look at what you settled in the lawsuit. The standard Release says any and all claims resulting from the incident. Was the dismissal with or without prejudice. Find out from your prior attorney what was released and if he knew of the future damages claim and accidentally settled that without getting anything for it you might have a malpractice suit against your attorney.

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Answered on 10/14/07, 12:26 pm


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