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
3 Answers from Attorneys
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
Re: mold not disclosed on inspection report
You need an attorney and can discuss this with our CA attorney, if you wish.
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.