Legal Question in Real Estate Law in New York

My husband and I had an accepted offer on a house we were interested in purchasing. We scheduled an inspection for 2 days later. When my husband told the seller's realtor we were having an inspection, she mentioned that there was some water damage in the basement from a water tank that had exploded years before. As a result, there was a small area with mold in the basement. She told my husband that the house was inspected for mold but it didn't have any. My husband asked her for paper work, which she claimed she didn't have. The inspector looked at the area in question and told us that he would recommend getting a mold inspector in to look at the basement. We did and he tested several areas in the basement. His report found 5 different types of mold in the basement - he tested several different areas not just the one indicated by the realtor. He told my husband that the problem was so extensive that the basement would need to be gutted and it was cost about $25,000. Even after an extensive cleaning mold related probems could still exist. He also said it appeared that someone tried to cover up and clean the mold but they actually made the problem worse and caused it to spread. I should mention that I am 6 months pregnant, the seller's realtor knew this. The mold inspector said that the house would be extremely unsafe for a newborn. When my husband shared this news with the seller's realtor she basically told him she didn't want to hear it and that she had other offers from people who didn't are about the mold. I feel like we were duped. Not only did I pay over $700 for an inspection but then an additonal $500 for a mold specialist. I believe that the sellers and their realtor knew of the mold problem and that they were deceptive. I want my money back - if not for the inspection then for the mold specialist. Is this a case we could win in small claims court? Thank you for your time.

Asked on 5/27/10, 5:49 pm

Arnold Nager Arnold H. Nager, Esquire

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0 attorneys agreed

There really is no way of predicting the outcome of a Small Claims Court action.

However, if all you are risking is an evening of your time and the filing fees, why not give it a shot?

Answered on 5/28/10, 11:26 am

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