Troy, NY asked in Real Estate Law for New York

Q: Recently discovered mold in our ceiling It was here with the previous owner.

Previous owners installed second ceiling to hide the mold. We have lived here five years do we have recourse?

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1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: There are restrictions on how long you have to bring a claim, called statutes of limitation, so you should act expeditiously to evaluate the situation and commence an action if you intend to do so. The contract of sale and property disclosure are important documents to evaluate your claim. Questions that will probably be asked include: What proof do you have that the mold existed when you purchased the property? What evidence is there that the prior owner was aware of the pre-existing mold? Have you had an air quality test performed to assess the threat, if any, caused by the mold? What are your damages?

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