Legal Question in Real Estate Law in Massachusetts

The answer depends on a couple of things:

First, did you waive the home inspection or did you have one done?

Second, I'd have to see the language in the P&S agreement? Did you have an attorney help you with the P&S?

I'm happy to talk to you further if you'd like to call me. My initial consult is free. You can reach me at 617-871-9662.

Best,

Rod Oreste

Oreste Law

www.orestelaw.com

[email protected]

Your rights are first determined by the four corners of the purchase and sales agreement. Most standard agreements permit buyers to include building inspections and allow buyer to walk away if there are material issues or defects discovered during the inspection. Some provide rights based on the cost to fix the problem.

Even if this type of language is not included, you might have rights to back out because you bargained for a house without mold (you are not getting what you bargained for) especially if this was a hidden defect. Further, if the builder was aware of the problem and didn't disclose it, you can back out if the problem is material.

I am happy to assist. Just give me a call.

Steph

Stephan P. Parks, Esq.

ParksDoherty, PLLC

74 Main Street

PO Box 594

Durham, NH 03824-0594

Phone: 1 (888) LOYAL-111 or 1 (617) 531-9766

E-mail: [email protected]

Your rights are first determined by the four corners of the purchase and sales agreement. Most standard agreements permit buyers to include building inspections and allow buyer to walk away if there are material issues or defects discovered during the inspection. Some provide rights based on the cost to fix the problem.

Even if this type of language is not included, you might have rights to back out because you bargained for a house without mold (you are not getting what you bargained for) especially if this was a hidden defect. Further, if the builder was aware of the problem and didn't disclose it, you can back out if the problem is material.

I am happy to assist. Just give me a call.

Steph

Stephan P. Parks, Esq.

ParksDoherty, PLLC

74 Main Street

PO Box 594

Durham, NH 03824-0594

Phone: 1 (888) LOYAL-111 or 1 (617) 531-9766

E-mail: [email protected]

Stephan Parks

ParksDoherty, PLLC

74 Main Street

Durham, NH 03824

This is a very complicated question depending on many additional facts and surrounding circumstances. I have handled cases just like this several times before. Please feel free to contact me directly for a no obligation office consultation to talk more specifically through the facts involved and potential claims or negotiation leverage available to you. There is likely quite a bit you can do here.

Also, the four corners of the P&S certainly matter as already indicated -- and matter a lot -- but in some circumstances, representations, warranties and limits on liability articulated in the P&S can be rendered unenforceable by contrary material misrepresentations by the seller, broker, etc. (or material misrepresentation made by silence/omission). Good luck.