Legal Question in Real Estate Law in California
disclosure-mold
I purchased a condo in the Bay Area approximately 5 years ago. We are close to the bay and the building in made of concrete and mold is an ongoing issue here. This was not disclosed to me at the time of purchase although other insignificant details were. The party I purchased from lived here for several years and also served on the board so I'm certain he was aware of the mold as an ongoing problem. Additionaly, in this transaction both he and I were represented by the same real estate agent. I now would like to sell my condo and of course I need to disclose the
fight to keep mold away however my question is what recourse if any do I have against the party I purchased from and or the real estate agency? Also I signed an agreement to go to abritration should any issues come up in the future. thank you for you attention to this. Judith
2 Answers from Attorneys
Re: disclosure-mold
There are many attorneys who specialize in mold cases. I suggest you contact one of them. If you need help locating one, simply email me and I will be happy to assist.
Joel Selik
www.4thelaw.com
Re: disclosure-mold
Mold is a very difficult subject area right now, because the entire issue is just becoming to be known, and there has been little litigation in the matter.
Regarding arbitration, you will be required to go to arbitration against the seller, if both parties initialled the arbitration clause. The agents do not normally enter into the arbitration clause, so action can be taken against them directly.
There are also many kinds of mold, some of which are toxic, and some that just form and can be cleaned away without a problem.
Your first step should be to get a mold inspection to determine if the mold is dangerous, and the source of it.
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