Legal Question in Real Estate Law in Ohio

Mold & water is basement of home

We purchased a home in Cuyahoga County, Ohio in 1998. The disclosure from the sellers stated that there was no water or mold problems in the house. By the fall of 2000, there was mold forming on the basement walls and water seeping through at the base of another wall. Since they said they never had water, we did not contact them. In 2002 we had a whole-house dehumidifier installed hoping to stop the mold. It has been under control until this year. When we had a waterproofing company come to our home, they had records from work done by the previous home owner and there is a written record that states that the previous owner had a water problem and that there was mold on the basement walls prior to the home sale to us.

We now have to have the yard dug up and the foundation waterproofed. Do we have any legal right to ask for money from seller? Is it too late since we purchased the home back in 1998?


Asked on 10/24/05, 10:27 am

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Mold & water is basement of home

I believe that you may have a statute of limitations problem in regard to the sellers, as it starts to run as soon as you knew or should have known there was a problem. You first noticed the problem in 2000, and the SOL for fraud is 4 years. It would have run by last fall. Any action you would file would be dismissed on that basis. The disclosure form is only good as evidence of fraud, not the actual act itself.

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Answered on 10/24/05, 2:13 pm


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