Grain Valley, MO asked in Real Estate Law for Missouri

Q: I bought a house that has mold owner didn't disclose it mold is found where owner done previous repairs 2 the ceiling

Previous owner bought the house brand new only one that lived there he did some repairs to the ceiling didn't disclose it on the disclosure he disclosed that there's a new roof put on it where he repaired the ceiling I found mold previous owners live there for 19 years I live across the street from them I knew they replace roof 5 years ago he never mentioned anything about repairs they did to the ceiling or the mold I went to paint the ceiling I noticed the mold in the ceiling and in the walls can I hold him responsible for the repairs

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2 Lawyer Answers
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
Answered
  • Springfield, MO
  • Licensed in Missouri

A: The seller has a duty to disclose any condition they are aware of. In court, however, you will have the burden of proving that the seller was aware of the mold issue.

Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: If you can prove that the seller had knowledge and failed to disclose, consider hiring an attorney to sue under the Merchandising Practices Act. That is Missouri's consumer protection statute and allows for the court to award attorney's fees and sometimes even punitive damages.

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