Family seeks to dismiss toxic mold lawsuit

[Guest guest]

http://www.pioneerlocal.com/cgi-bin/ppo-story/localnews/current/gl/01-23-03-3058.html Family seeks to dismiss lawsuit BY SUSAN BERGER STAFF WRITER and Ginsburg are seeking to dismiss all counts against them in a lawsuit alleging violations of disclosure, fraud and breach of contract in connection with a home they sold which later had to be vacated because of toxic mold. Attorney Sher claims that warranties are not applicable in single-family residences and applicable only to the sale of a new home by a builder-contractor. “The complaint does not allege the required elements of fraud,†Sher said. Sher said both a disclosure report signed by Ginsburg and a report by the ’ inspector disclosed water seepage. and moved into the home on Bluff Road in Glencoe with their two young daughters. Two weeks after moving in, the children began suffering rashes, hives, earaches and intestinal problems. The younger child, a 2-year old, had to be resuscitated by Glencoe paramedics. The es eventually found the house had elevated levels of Stachybotrys, a toxic mold. They were told to leave the house immediately.