Home Buying in 11694>Question Details

Gail, Home Buyer in Jackson Heights, Que...

We are in the contract. The house that we are buying was flooded during Sandy, but the owner just pumped out water and did not even change the carpet.

Asked by Gail, Jackson Heights, Queens, NY Sun Nov 25, 2012

by contract we only have walk through day before the closing and the owner would not let us do the mold inspection. We have a baby and very afraid of black mold

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Yeah, I was going to say the same thing about the banks re-inspections. But unfortunately for the most part, they're doing exterior inspections. Chances are that if there isn't any visual exterior damages, they probably won't catch it!
1 vote Thank Flag Link Sun Nov 25, 2012
The real question is was this an AS/IS contract ? Did the owner give you any price reduction because of condition ? If so then there might not be much that can be done. If not your attorney should be contacted and let other attorney know you will not close without a reinspection.
0 votes Thank Flag Link Sat Nov 30, 2013
Talk to your attorney. If you expect there is mold damage you should be able to get some credits. He should also keep some funds in escrow to cover these problems.
0 votes Thank Flag Link Sun Nov 25, 2012
The owner cannot stop you from doing any inspections and I believe all banks are requiring re-inspections after the hurricane before they will close on a mortgage.

Please talk to your Realtor and your Attorney.

Feel free to call me with any questions; happy to assist.

0 votes Thank Flag Link Sun Nov 25, 2012
Hi Gail. Your contract should also state that you agree to purchase the property in the condition it was when it was showed to you. As Anna mentioned below, this is def something you want to speak to your attorney with.

I would think a seller will be cooperative in allowing you to do a mold inspection and perhaps credit you for any damages caused by Sandy, if it meant that you'll pull out of the deal. Again, if the house is not in the same condition it was when you first visited, then you might have something there.

Good luck!

Javier Meneses
NMLS #23130
Senior Loan Officer
Sterling National Bank
0 votes Thank Flag Link Sun Nov 25, 2012
I believe my very wise colleague has given you a strong hint that should guide you without an attorney if you wish to proceed that way. Read the contract and see how it pertains to the situation. With some careful study, you should be able to identify some verbiage that applies. If you cannot, then an attorney would be able to, if such language is present. Best of luck...
0 votes Thank Flag Link Sun Nov 25, 2012
Your attorney can better advise, consider a consultation...
0 votes Thank Flag Link Sun Nov 25, 2012
What does your CONTRACT say?

Does it say that the house must be in the same condition it was when you made the offer?
0 votes Thank Flag Link Sun Nov 25, 2012
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