Legal Question in Real Estate Law in Virginia

Seller or Buyer responsibility

Seller had a home insp. and report prior to placing property on market. Report was made available to potential buyers. Buyers were informed by Seller of any known water issues in basement. Buyers saw what appeared to be small area of mildew on a basement wall prior to contract. Seller did not know what it was, realtor said it looked like it could be mildew. Buyers made offer without requesting their own home insp or further eval of basement or substance on wall. Buyers did walk thru on day of settlement. Seller retained possession for 2 days after closing. Buyer saw more mildew or ? on bsmt wall after all seller prop was removed. Area affected was behind cabinet that had been in place for 4 years and Seller was not aware of condition. Buyer had the walls cleaned, treated, sealed. No test to identify substance was performed. Vendor who cleaned bsmt was not certified for mold treatment. Buyer wants Seller, Agents, Firm to pay cost of cleaning. Who is responsible?


Asked on 6/30/07, 5:40 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Seller or Buyer responsibility

Assuming that seller responded honestly to all of buyer's inquiries

and engaged in no misrepresentations

regarding the situation, under Virginia law, the buyer should be responsible for the costs of the additional work which was done at buyer's direction after settlement.

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Answered on 7/02/07, 7:32 am


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