Legal Question in Civil Litigation in Illinois
Hi,
My wife and I closed on a house in mid Oct 2011, in an IL community. We had an inspection in Sep 2011.
In mid Dec 2011, we found black mold all over the attic of the house. There was no mention of this in the report.
I have had 3 other, independent contractors come out to see the damage, saying the problem was present long before the inspection.
I have estimates for repair ranging from $6,500 to $10,000. We have not been living in the house since late Dec 2011, because air quality tests showed the air inside house affected by the problem, and we have a 2 year old daughter.
I have been in communication with the original inspector, but it seems like he is trying to stall/delay the process of funding the repairs.
The inspector's address is in Wisconsin, but he has a license to inspect from IL.
Can anyone provide advice?
Thank you
1 Answer from Attorneys
Whether you can successfully go after the inspector will turn on the language in your contract with the inspector. Many such contracts exclude mold entirely. Others exclude attics. Still others limit the amount of damages for negligence to a very small amount. You would have to read the contract, or perhaps the inspector has given you a reason why he doesn't believe he has to pay.
Shell Bleiweiss
http://www.shell-bleiweiss.com