Legal Question in Real Estate Law in California

You, most likely, have an action against the seller for the non-disclosure. You may recall that, in your purchase, you received a document entitled, "Transfer Disclosure Statement." (TDS) California requires material defects to be disclosed, on that form, and serious mold issues fits into what must be disclosed. My office handles TDS cases. In cases like yours, you would seek money for fixing the problem, for relocating, during the repairs, for the value of losing your home, for legal costs and attorney fees. If you have any health problems, as a result of the mold, medical expenses and general damages (e.g. emotional distress, inconvenience) would also be available. My experience is that most people do not have medical problems from mold, unless they are particularly susceptible, because of an allergy or other condition, or they have long-term exposure. There are strict statutes of limitations on actions, such as your. Some can be 2 years. Others 3 years. I suggest you contact an attorney, right away. Your attorney will review the sellers' liability as well as possible liability by others. For example, sometimes (not too often), a real estate broker may have liability. Also, your HOA's liability needs to be examined.

Good luck to you.