Legal Question in Real Estate Law in New Jersey
Mold in Crawlspace
I bought a housn in NJ the end of June,08. I had a home inspection done before buying the house and now there is mold in the crawlspace and under the living room window. The mold is easy to see and must have been there for a while. I had a company come out to test for the mold and it is confirmed that there is mold and also airborne mold. The estimate for the cleanup is just about $10000.00. There was also a leak in the laundry room where someone put a nail for the baseboard trim through the copper hot water pipe in the wall for the washing machine. Who knows how long the nail was in there but it was just about rusted away. Is the home inspection company or the seller liable for any of the repair cost for the mold and the water leak?
1 Answer from Attorneys
Re: Mold in Crawlspace
It is not that simple. Check your home inspector agreement, and you will find they are only liable u to the cost for the inspection report. But it is still not THAT simple, because they may still be liable for things they miss, despite their agreement, because it is essentially a contract of adhesion (a contract where you don't get to negotiate any terms, so the agreement term limiting liability may not be enforcable). It gets even more complicated, because mold is involved, and NJ courts don't have much good caselaw on mold damages, and these is mold in EVERY home, just not mold growing "out of control". Also, there are over 10,000 types of mold, but only some of them are condsidered dangerous (and even those are not considred dangerous by all), such as (don;t count ou my spelling being correct!!!) Stychybotrous, Aspergillus & Penicillium. You need to have the mold tested, and you need to consult an attorney, but unless it is over $10,000, it will be unlikely that it is actually worth suing. After testing, if it is a toxic mold, call your insurance company, there is a chance it may be covered since the home was recently purchased property.