Legal Question in Real Estate Law in Ohio
Our house is falling apart
We bought a house the co. left it open to the elements and it got water damaged. They said the replaced everything that got wet. Gave us a written signed paper stating that if anything developed from this incident to let them know and they would fix the problem. We have now found that they didn't replace any, instead they covered it and it is growing black mold and mildew. This co. has been bought out by another. Is this new co. obligated to fix the problem?
1 Answer from Attorneys
Re: Our house is falling apart
PERHAPS. (Isn't that reassuring and helpful?) Your first concern must be the health of your family, not your legal claims. Retain an attorney immediately. Anticipate a significant retainer fee and continuing hourly fees at or above $150. for the forseeable future. Your counsel will serve notice on the original company and the successor company, and the previous owner, if appropriate. You will need an expert inspection and analysis of the home and the mold conditions. You will need medical examinations. You should advise the potential defendants (those from whom you will seek compensatory and/or punitive damages) in advance and invite them to participate in the cost. This may avoid duplicate inconvenience and expense. Once the scope of the problem is determined you need to mitigate (repair). I would advise documenting an offer to the Defendants to participate in the process. Good luck.