What to Do If You Find Undisclosed Toxic Mold After Buying a Home

 Posted on May 07, 2024 in Real Estate Law

Buying a home is a significant investment, and the last thing you want to discover is a hidden problem like toxic mold. Not only can it cause serious health issues, but it can also diminish the value of your property. If you find toxic mold after purchasing a home in Connecticut that was not disclosed to you, take immediate action to protect your rights and interests. A Connecticut lawyer is important to have on your side during this process.

Document the Evidence

The first step is to document the presence of toxic mold thoroughly. However, you should never do this yourself as it can be dangerous. Hire a professional mold inspector to assess the extent of the problem and provide a detailed report. Take photos and videos of the affected areas, and keep a record of any symptoms or health issues you or your family members may be experiencing.

Notify the Seller and Real Estate Agents

Once you have documented evidence, promptly notify the seller and the real estate agents involved in the transaction. In Connecticut, sellers are required to disclose any known defects or issues with the property, including the presence of toxic mold. Failure to do so could constitute fraudulent misrepresentation or fraudulent non-disclosure.

Potential Legal Remedies

Depending on the circumstances of your case, you may have several legal options available:

• Breach of Contract: If the seller failed to disclose the presence of toxic mold, it could be considered a breach of the purchase agreement. You may be entitled to damages, including the cost of remediation, diminution in property value, and other related expenses.

• Fraudulent Misrepresentation: In Connecticut, if the seller knew about the toxic mold issue but intentionally concealed or failed to disclose it, you may have grounds for a claim of fraudulent non-disclosure or fraudulent misrepresentation. This could result in additional damages, including punitive damages.

• Negligence: If the seller or real estate agents failed to exercise reasonable care in inspecting or disclosing the presence of toxic mold, they may be liable for negligence. This could entitle you to compensation for damages resulting from their negligence.

• Rescission of Contract: In certain cases, you may be able to seek rescission of the purchase contract, effectively unwinding the transaction and returning the property to the seller. This option is typically only available in cases of significant defects or misrepresentations.

Make Sure Your Claim is Within the Statute of Limitations

Prompt action is essential when addressing undisclosed toxic mold concerns. In Connecticut, the statute of limitations for breach of contract, fraud, and negligence claims associated with real estate transactions typically spans six years from the date of the transaction or from when the issue was, or should have been, discovered.

Contact a Stamford, CT Real Estate Lawyer

Discovering undisclosed toxic mold after the buying process can be a stressful and frustrating experience after you worked so hard to get your home. However, by consulting with a Fairfield County, CT real estate attorney, you can protect your rights and pursue the legal options available. Call Law Offices of Daniel P. Weiner at 203-348-5846 to start with a free consultation.