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Mold Problem Found After Inspection - can I get out?

Asked Sep 26, 2006, 12:38 PM — 2 Answers
I am due to settle on a new house in PA on 20th October. When we did the inspection,
Several things were wrong, but after a fair bit of too-ing and fro-ing the
Seller agreed to sort them out (radon, basement mold, termites etc). We got a
Note through last week saying all this had been completed and the sellers agent
Allowed me into the house to check it out. When we got upstairs I was shocked to
See significant mold on master bedroom wall. This is a new construction. This
Is a massive no-go for my wife and I and I want out of the deal. Seller is
Adamant that we cannot pull out, and if we do he says we will lose our deposit. He says
He will fix the mold issue - but will not allow me to be involved in this "fixing". I think we
Are justified in pulling out because this is a new serious issue. I don't want
To lose my $20K deposit. I still want the house but think he is unreasonable in not allowing me to "OK" what he is planning to do.

I must note that we have not yet sold our current property so it might appear
This is why I want out of the deal. But its not that at all. I just don't want to
Have a recurrent mold problem. There have been other more minor issues.

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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,607, Reputation: 37031
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#2

Sep 26, 2006, 12:46 PM


If your contract states that you have to get an approved inspection, then they have not meet the terms of their contract.

Of course expect them to refuse to give you back your money and you will have to sue them in court. So demand another inspection if you have not already taken photos, get photos showing all the issues, and make every demand in writing. If you wish the issue fixed, specify exactly how it has to be fixed and demand inspections after they rip off the boards, and before they put new boards on.

But not passing a mold test is a major issue,
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Coisty's Avatar
Coisty Posts: 2, Reputation: 1
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#3

Sep 26, 2006, 01:13 PM
I should clarify that the mold inspection we did only identified a small patch in the basement - this was fixed.

This current problem is unrelated to the initial inspection since they didn't check the 2nd floor. Big patch though.
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