If we recently bought an older home and discovered mold in the A/C unit after being here 2 weeks, do we have a case against the previous owners?
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If we recently bought an older home and discovered mold in the A/C unit after being here 2 weeks, do we have a case against the previous owners?
Had discovered mold after a routine A/C check up; it is extensive and encompasses the air handler, duct work and grates. 2 companies the A/C company and the other a duct cleaning company) could not finish the work started because of the black mold. The mold is due from years of neglect. The owner of the home lived here for 40 years. He stated in his disclosure statement and said that it was last serviced a year ago. This hasn’t been touched in many years. Can I go back to the previous owners? Should we remain in this house? The A/C is not on because of the risks.
Asked on June 27, 2012 under Real Estate Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can sue the seller for fraud. Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment. In other words, you would not have purchased the house had you known the true facts about the extensive mold problem.
As to whether or not you should stay in the house, that is a medical question for a doctor.
Your damages (the amount of compensation you are seeking in your lawsuit) for fraud would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means that a defrauded purchaser can recover the difference between the real and represented value of the property purchased regardless of the fact that your actual loss may have been less.
Out of pocket damages for fraudulent misrepresentation permits recovery of the difference between the price paid and the actual value of the property acquired.
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