Justice, IL asked in Real Estate Law and Environmental for Illinois

Q: How long do we have to sue the previous home owner if we suspect they knew about mold in the home?

We have been in the home for about a year and a half (2 years at the end of August) and my children and I are starting to have respiratory and other issues that we believe may be because of airborne mold due to water damage that we believe the previous home owner covered up and then we uncovered during some remodeling projects.

1 Lawyer Answer
Robert Shipley
Robert Shipley
  • Chicago, IL
  • Licensed in Illinois

A: Based upon your description, if water damage/water infiltration issues are present and that history was denied by the seller, there may be an action for fraud and depending on the nature of the sale, for violations of the Consumer Fraud Act. The real estate contract must be reviewed as well as an investigation into the source and cause of the damage/infiltration. If the claim is for injuries the statute of limitations would be 2 years from date of exposure which would presumably be the date you moved in and there must be a connection between the injury claimed and mold exposure, as well as cause of the mold.

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