Mold in New house

Profile picture for b06468
If a bank owned property has mold in it and they do not disclose it even if the agent knew about it are they liable? The house is only 3 years old and is located in somersett.
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
March 24 2010 - Northwest
  • Be a Good Neighbor. Be respectful and on-topic. No spam or self-promotion! See our Good Neighbor Policy.

Answers (8)

Profile picture for MikeEmery
Seek professional legal advice fast!

This question is from March.
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
October 24 2010
Profile picture for Jim Forbus
Seek professional legal advice fast!  Judy Otto in Reno is one qualified Real Estate Attorney, 775-827-6886

Great example!  Buyers, ensure you are working with a qualified Realtor with the experience to look after your best interest!  Even though a buyer may waive their NRS 113 rights, inspections should have caught the mold problem.  The buyer does not have to move forward with the purchase when the property is disqualified.  I recently recovered the earnest money for a buyer when we discovered dry rot in the crawl space.
www.RenoSparksMLS.Listingbook.com,
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
October 24 2010
All of these answers are helpful; HOWEVER, did you have any inspections done? If so, how did the mold get missed...or is it a new problem? Did you have a mold inspection done? My home inspector does test for mold (at extra fee of course) and actually provides a home warranty that starts from the date of their inspection, so if something new comes up after their inspection it's covered.

Based on my experience with lenders, I expect they gave you a statement of non-responsibility and written notice that buyer must do all inspections and would only agree sell to you if you committed to hold harmless the lender.
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
July 03 2010
If you signed NRS 113 form, it release's them from liability.
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
July 03 2010
Profile picture for Lmidgett
First things First.

The first the three answers covered it. I'll add mold is especially fond of moisture, so while mold is the problem now...you need to focus on the moisture and then kill the mold to protect you family. After that, then seek legal counsel to help recoup any losses IF you can.
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
July 02 2010
Great question!  Often people, including agents, are focused on the fact that the Bank has no knowledge of the property condition, while a buyer may sign a notarized waiver of SRPD, the Banks agent is still obligated to tell the buyer/buyers agent of their knowledge, if any, in a material defect, except as statutorily exempt, such as with a death in a house, which does not have to be disclosed unless the house was the cause of the death.  Unfortunately, the agent most likely did not know about this or didn't know what it was and therefore didn't disclose it.  You should seek the advice of an attorney as this is outside the scope of a Nevada Real Estate Licensee.
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
July 02 2010
Profile picture for rickybeach

Did you sign the NRS 113 waiver before purchasing? The waiver says that the bank doesn't have any prior knowledge of the property and does not have to provide a seller real property disclosure. This would be a good question for an attorney as this is outside of the scope of the real estate license.

  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
March 25 2010
You would have to prove that they knew about it. Most, if not all, foreclosures are as-is sales and that's why the price is so low. Talk to a RE attorney for more detailed answers to your specific situation.
  Flag content
Close
Report a Problem

Please enter a valid email address.

Close
Content flagged

We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

Close
We're Sorry
This service is temporarily unavailable. Please come back later and try again.
March 25 2010
 

Have a question? Ask it here.

What's this?
Close

By starting a discussion, you can expect more of an interactive, back-and-forth experience where the conversation can go in many different directions.

Or start a discussion

E-mail successfully sent!Submission failed!

Related Questions
Profile picture for Michael Emery
QuestionMold in New house
  • Latest answer by Michael Emery
  • October 24 2010
Compare Mortgage Rates
Be A Good Neighbor

Zillow® Advice depends on each member to keep it a safe, fun, and positive place. If you see abuse, flag it. More on our Good Neighbor Policy