Coconut Creek, FL asked in Real Estate Law and Personal Injury for Florida

Q: Can I recover losses from lack of disclosure from previous unit owner about broken pipes that led to mold?

I purchased a home (AS-IS) in South Florida on July 20, 2022 and didn't move in until mid-August. Pre-buy inspection mentioned mold samples taken from HVAC and had pictures of perfume sticks in HVAC vents. It also had pictures of a flood in front of the unit. I discovered a broken pipe behind the kitchen wall and the HOA fixed it but the smells persisted around the unit. Mold inspectors located three walls as the source of odor: kitchen, shower, and bedroom. I did a mold claim and it was denied but they would cover replacement of counters and cabinets. During remediation, building manager passed by and mentioned bedroom wall had a leak a long time ago before I bought the unit. Behind the shower, another broken pipe was found and they showed me the shower tiles were two sets as if prior work was done there. I spent over 10k on this unit which still reeks, and I have lingering symptoms that started while living there.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Florida attorney could advise best, but your question remains open for three weeks. I could only address issues related to the category posted under, Personal Injury. A local real estate attorney would have insight into the other issues relating to disclosure, inspection, and property damage. In terms of injury, mold claims are difficult. In general nationwide, many law firms are reluctant to handle non-catastrophic ones. The symptoms are not always clear-cut, as is the case with traditional physical injury claims. You could reach out to injury law firms to try to set up a free initial consult as to the lingering symptoms you describe. That's really the most reliable and definitive way to evaluate your injury-related rights. Good luck

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