I recently signed a contract for deed on a home in Missouri. We were in the home for about 4 months. Last week the ceiling in our den started to leak excessively till the point that the entire ceiling came down.

When the sheet rock feel down it exposed another ceiling underneath. This previous was in horrible condition and full of mold.

The person that we signed the Contract for Deed with didn't tell us of the mold problem or of the previous ceiling that had apparently been leaking for some time.

The guy has agreed to replace the ceiling and the roof but refuses to put that in writing and he has called and said that we need to pull down the old ceiling and installation then he will call a roofer.

My concern is that we will have the roof exposed until the roofer that he selects can come out and secondly we will have no proof once the old molded ceiling has been removed that it was even there.

I would like to know if anyone knows what my legal writes are for the state of Missouri.

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Originally Posted by lmichellec

I recently signed a contract for deed on a home in Missouri. We were in the home for about 4 months. Last week the ceiling in our den started to leak excessively till the point that the entire ceiling came down.

When the sheet rock feel down it exposed another ceiling underneath. This previous was in horrible condition and full of mold.

The person that we signed the Contract for Deed with didn't tell us of the mold problem or of the previous ceiling that had apparently been leaking for some time.

The guy has agreed to replace the ceiling and the roof but refuses to put that in writing and he has called and said that we need to pull down the old ceiling and installation then he will call a roofer.

My concern is that we will have the roof exposed until the roofer that he selects can come out and secondly we will have no proof once the old molded ceiling has been removed that it was even there.

I would like to know if anyone knows what my legal writes are for the state of Missouri.

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My preliminary investigation of Missouri law indicates that the seller must disclose any defects/faults in writing to the buyer and must sign the disclosure statement. Seller who files a false disclosure statement is liable for any and all damages and costs and in certain cases it appears you can rescind the Contract.

Also states that the housing inspector you paid to check the house before entering into the Contract is also responsible for not finding defects which he/she "should have" known existed or could have known with due diligence.

Vague language about whether the realtor knew or didn't know and would or wouldn't be responsible for hiding any defects - I think that's a long shot.

The Attorney who assisted you in the Contract should jump on this as quickly as possible - I would not make arrangements directly with the seller because any agreement you make with him could supersede your rights under the law.

First, I would tell the seller that you will not pull down the ceiling until someone covers the roof with a tarp. Second, I would make sure you do this in written correspondence.

The seller is responsible for repairing this since he is still the owner.

Removal of mold is a serious issue, you will not be able to live in the home while this is being done nomraly, they will have to put up barriers and mold has to be disposed of by professoinals, ( and it is very costly, if not the dust from the mold can be a serious health risk.

This is why of course you have a very complete home inspection done prior to buying a home. If your inspector did not find this, sometimes there is error and omission insurance the inspector will carry that may give you some relief.

You also will have to prove the owner knew of this and just did not tell you. For example if he bought the home to resale it, or if he merely had it rented and he was not aware

If he does not hire professions to remove the mold, most likely this will allow you to void your contract with him and walk away. But I would discuss this with an attorney. It can cost 10 to 20 thousand dollars to properly get rid of a lot of mold. ** not talking about minor amounts.