Home Buying in Jonesboro>Question Details

Angel8470, Home Buyer in Jonesboro, AR

I recently discovered that the house, I am buying, has alot of black mold, lead paint, and asbestos. Seller didn't disclose. Can I sue?

Asked by Angel8470, Jonesboro, AR Thu Jan 5, 2012

The seller never disclosed to me that there were any problems with the house. I now find out that there is black mold in walls and floors, the inside of the house has lead based paint in it and the exterior siding is asbestos. Is there any legal action I can take? My children and I have stayed sick since moving in this house. I have no where else to live and seller says I am entitled to nothing. I need advice!

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6
Hello Angel,
It's important that you have a home inspection prior to signing contracts to determine what the real condition of the property is thus to avoid discovering these things after the sale is closed. Did you have one?

I suggest that you contact a real estate attorney as he can advise you best as this is a legal matter.

Also, I suggest that you hire a mold remediation contractor to get rid of the mold asap as this might help with your family's illnesses.

Best wishes to you!

Laura Feghali
Prudential Connecticut Realty
1 vote Thank Flag Link Thu Jan 5, 2012
As the others who have posted have mentioned it is extremely important to have any home that is being considered for purchase inspected by a professional home inspector. The presence of lead paint in the home and the issue of the asbestos siding are probably not huge issues as long as the paint and the siding are in good condition. The hazard with both these materials is when the materials are disturbed. Sanding, drilling, scraping or any mechanical means to remove or modify the surface will release the lead or the asbestos fibers and they are then ingested or inhaled. As long as the material is in good condition and remains unmolested it should not be an issue. I always inform my clients of the presence or the likelihood of the presence of these materials when I find indications of these during my home inspections.
Any health issues that your family is experiencing is probably not due to the lead paint or the asbestos/cement shingles. The mold issue is quite another story. There has to be a moisture issue of some form to allow for the widespread mold growth that you have described. Leaks in plumbing supply lines, drain lines, roof and chimney leaks, poor grading of the lot and a hundred other factors could be contributing to water intrusion which will lead to mold issues.
The bottom line is that since you did not have a home inspection performed you are now faced with an uphill battle to prove that the sellers knew of any of these issues.
Alton
ATN Home Inspections Services.
Jonesboro AR. Home Inspector
AR License #HI-1496
0 votes Thank Flag Link Sun Apr 27, 2014
You bought a house without a home inspection? Did you waive inspections on your contract to buy? You should probably contact an attorney for advice.
0 votes Thank Flag Link Sat Mar 8, 2014
Dear Angel?
You stated that you are “buying” a house. I guess that means you have bought. Was this an owner finance on a land contract or did you get a mortgage from a lender? If so it would appear that whoever inspected or appraised the property for the lender would have or should have noticed the mold and other unfavorable conditions.
If you are on here with the “wounded duck” syndrome, “help me –help me I have babies and I am poor …” thinking some local lawyer or others are going to feel sorry for you and represent you for free or give you a refund you are only kidding yourself.
Speaking of yourself; pretend someone with an enormous amount of money were to approach you tonight and tell you for some personal sentimental reason they are prepared to give you 10-times the amount you paid for the house. Are you going to go to the seller with your newly discovered riches and give him some money back? Better still when you attempt to sell the house are you going to be honest or be the same kind of person you allege the seller was to you?
As for your statement “can I sue;” you should know the courts are inundated with frivolous lawsuits if the plaintiff has the money. Lawyers will sue for any reason, if-if you have the money. So your question of can you sue can be answered by if you have the money.
I hope this is helpful to you and also I want to inform you that Elvis Presley is dead and Nixon is no longer President. Also I am selling wood for fire places at $300.00 per rick/rank or whatever. I feel you are a potential buyer.
0 votes Thank Flag Link Fri Jan 11, 2013
Hi Angel8470. Things may not be as bad as they seem. First I'm not an expert or a home inspector, but I have renovated some homes and what I'm going to tell you is common knowledge. First most homes built before 1978 had lead based paint and the lead paint disclosure forms are required for real estate transactions. So there are lots of homes that have lead based paint. The danger lies in kids eating the chips or if you do any sanding the paint becomes airborne and you breathe and absorb the paint. Usually over the years homes have been painted so many times you won't have any problems. Second the same thing with asbestos shingles. The danger lies if you cut into one of these with an electric saw or if you sand you create dust that one can breathe creating a health risk. Many homes still have these shingles and you should have no problems. Now as far as the mold the question is what caused the mold? This is usually a water or moisture problem. Was there a leaking water pipe? Once you get rid of the source of the moisture problem then you should make any repairs. Mold must have moisture or a water source to grow. Hope this helps.
0 votes Thank Flag Link Thu Jan 5, 2012
Was a home inspection conducted by a licensed professional before the purchase; at this point it may be in your best interest to consult with an attorney who specializes in real estate, he /she can best advise. If you cannot afford one, contact your local Legal Aid Society for a pro bono attorney, free, or most professionals do offer a free consultation.
0 votes Thank Flag Link Thu Jan 5, 2012
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