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what can we do about a seller/seller's agent who didn't disclose a toxic mold condition in the house

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September 30 2012 - US
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Answers (3)

Before jumping to conclusions, make sure you know the the agent or seller were aware of the condition.  Most times the seller may not inform the seller agent of conditions related to the property.  If they tell me about something that affects the value of the property, I have to disclose.  If I'm not aware of it, I don't.
If this came up in a home inspection, chances are they may have been unaware of the problem.

If you are still in the inspection period, you can cancel with no recourse. 

If infact the seller and seller agent were aware of toxic mold and did not disclose, you can file an ethics complaint to the Board Of Realtors the agent is a member, and also a complaint to the State agency that oversees Real Estate Brokers/Agents.  As for the seller, your only option wold be to sue them if you have been damaged by not being made aware of the condition which they knew about.

I'm sure there is quite a bit more to this story, but this is a start.
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September 30 2012
Not knowing the situation, I would say, first I will discuss it with my buyer agent and seek his/her advice.  How did you find out about the toxic mold?  Do you want the home?
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September 30 2012
You definitely need an attorney with this one. Don't delay in talking to an experienced real estate attorney.
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September 30 2012
 
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