Court: Buyer should have known

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Court: Buyer should have known

Sharon Herald - Sharon,PA

By Joe Pinchot

Herald Staff Writer

http://www.sharonherald.com/local/local_story_133223627.html

WILMINGTON TOWNSHIP —

Superior Court has sided with the former owner of a Wilmington

Township home in a lawsuit over mold and water damage.

Jessie Gibson, 4231 Bethel-New Wilmington Road, had appealed

a local judge's decision that the former owner, R. Sharp, did

not fraudulently or negligently misrepresent mold and water problems.

Sharp placed the home for sale in March 2002. Ms. Gibson visited the

house three times and noticed water stains and mold on a basement

wall, and two dehumidifiers running.

She agreed to buy the house, but the sales agreement prepared by

Sharp's attorney did not mention mold or water problems, and the

seller disclosure statement made no response to a question on water

leakage, accumulation or dampness in the basement.

Ms. Gibson found more mold behind paneling in the basement while

remodeling the house.

After Ms. Gibson filed suit, Sharp asked the local judge to decide

the case based on the available information, arguing Ms. Gibson

bought the home knowing of the mold and water problem. The judge

ruled in Sharp's favor finding that Ms. Gibson had not shown that

Sharp misrepresented the condition of the house.

The judge said that Sharp's comment that he had taken care of a

water problem by building a new front porch and that he failed to

answer the disclosure statement question does not mean that he was

aware of concealed mold. There was no information presented in court

that Sharp told Ms. Gibson he entire house was free of mold or water

problems, the judge said.

In a ruling handed down April 30, a three-judge panel of Superior

Court said Ms. Gibson had not proved the elements of

misrepresentation, including that Sharp had intended to mislead her

or that she justifiably relied on the misrepresentation.

" It is clear that Gibson was aware of the mold and water problems

before she purchased the home and had ample time and opportunity to

verify Sharp's statement that the mold and water problem had

been `taken care of,' " Superior Court said. " Indeed, Sharp's

statement was clearly and obviously contradicted by the fact that

there was water and mold in the basement. "