What is my recourse if I purchased a home without an inspection and it has mold?
Question Details: I purchased a home without an inspection being done. I have become ill due to the mold that is present in the house. I've tried to contact the seller but they refuse to answer or respond. What rights do I have?
You can sue the seller for fraud, which is the intentional misrepresentation or nondisclosure of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment. In other words, you would not have bought the house had you known of the mold.
Your damages (monetary compensation you are seeking in your lawsuit) for fraud would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means a defrauded purchaser may recover the difference between the real and represented value of the property regardless of the fact that the actual loss suffered might have been less.
Out of pocket determination of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and actual value of the property acquired.
In addition, you should also seek damages for your medical bills, pain and suffering which is an amount in addition to the medical bills, and wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your medical condition and treatment for the mold exposure, and are used to determine compensation for pain and suffering, which as stated above is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.