Erie, PA asked in Real Estate Law for Pennsylvania

Q: Hello I bought my house last year any since then my wife and have been sick a lot

Why was I not informed. About and of this I would like a mold and method inspection who should pay for this and if it comes back as positive what can I do about this drug and flooding

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1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: You need to start with your homeowner's insurance and see if they will pay for the inspection. If not, you will have to pay for it. The next question is, if the report is positive, whether or not you have coverage for remediation under the policy. If the answer to either of these questions is "No," you need to promptly consult a lawyer familiar with insurance questions to have him/her review your policy to see if the insurance company is wrong. If there is no coverage, your only remedy would be to sue the prior owner. However, to have a viable case against the prior owner, you would at least need (1) competent medical testimony that your wife's problems are related to mold; (2) testimony from a mold expert, presumably the person who does the inspection, to support that there is mold in the house, and who would testify as to the necessary steps for remediation; (3) a construction expert to estimate the cost of the remediation; and (4) evidence that this mold existed prior to the time of your purchase and was known to, and concealed by, the prior owner.

If there is no coverage under your homeowner's policy, this will be a long and difficult case.

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