Legal Question in Real Estate Law in California

mold not disclosed on inspection report

I bought a condo ''as-is'' at an auction. I did review the inspection report and other disclosed document provided by the bank and there was no mentiong of any mold. However, when I inspected the property, it has a huge water leakage (you can hear the loud runng water noise) in the upstair bathroom which goes all the way down to the downstair kitchen. The kitchen cabinet has mold all over.

The bank said that since I bought it as it is, I can't back out at this time and I am basically stuck with it.

What are my options? If the bank is not required to disclose it, why have me sigh the inspection report which reported minor problems such as localized termite and dry rot but ignore the big and obvious health hazard problem? That is misleading as I belived that the report would have reported the problem.

We haven't closed escrow yet. What are our options at this time?

Thanks,

Jennifer


Asked on 5/15/07, 2:34 pm

3 Answers from Attorneys
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: mold not disclosed on inspection report

As I understand your situation, although you entered into a purchase agreement to buy the property "as-is" you relied on the inspection report to accurately convey the "as-is" condition. Without having had the opportunity to view your purchase documents, I would say you have multiple options, however without knowing more about the transaction I would be hesitant to speculate here.

I would be willing to discuss some of the issues concerning your case to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Member, National Association of Consumer Advocates

www.naca.net

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Answered on 5/15/07, 2:47 pm
Johm Smith tom's

Re: mold not disclosed on inspection report

You need an attorney and can discuss this with our CA attorney, if you wish.

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Answered on 5/15/07, 4:44 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: mold not disclosed on inspection report

You may have an action against the individual or company who performed the inspection. What have you at risk losing if you breach the contract for sale? Call me directly. 19 years experience. Ocean Beach.

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Answered on 5/16/07, 12:37 am


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