FAILURE TO DISCLOSE TOXIC MOLD AND OTHER DEFECTS — YOU NEED A LAWYER
Months after purchasing a home, you may discover a mold infestation (or other materials defects) that were not immediately visible when you moved in. Not all mold is “toxic” and dangerous to your health but some strains are, such as Stachybotrys chartarum, often called “Black Mold”. Don’t be fooled. This particular strain isn’t always “black” and can be highly toxic resulting in the following symptoms:
- Respiratory difficulties, including triggering asthma symptoms.
- Sneezing
- Watering and itchy eyes
- Sinus infections
- Hives
- Dizziness, headaches, lack of concentration, symptoms of severe Toxic Poisoning
YOU ARE PROTECTED UNDER THE NON DISCLOSURE LAW
Just because you learn about the mold after you have signed the papers and moved in doesn’t mean you don’t have legal recourse. Even if there was an “as is” clause that you signed off on, California law requires that a written disclosure be provided to potential buyers if the owner has reasonable cause to believe that mold or other defects ares present that affects the unit or building, and the mold exceeds the permissible exposure limits to molds.
The statutory duty to disclose is found within a real estate transfer disclosure statement and required by Civ. Code § 1102, et seq. Pursuant to California Civil Code Sections 1102, et seq., there is a disclosure requirement in connection with “any transfer by sale, exchange, installment land sale contract, . . . lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units.” Cal. Civ. Code § 1102(a)..
OUR ATTORNEYS’ HAVE OVER $30 MILLION IN RESULTS
Often, if you are experiencing the unhealthy symptoms related to mold infestation, you must leave your home and all of your belongings in order to recover and maintain your good health. If you believe that you are the victim of a seller, inspector or real estate agent’s non-disclosure of mold in your new purchase, you need to contact an experienced and knowledgeable attorney who will aggressively pursue your interests while having compassion for your situation. Our lawyers handle real estate non-disclosure matters throughout Los Angeles and Orange Counties.
We, at Webb & Ord, understand how devastating leaving your home can be. Let us evaluate your case and allow us to give you an honest assessment of what your legal recourse is. Call Eric Webb or Eleanor Ord today at 323-462-3733.
