Guest guest Posted August 26, 2010 Report Share Posted August 26, 2010 Tug, You didn't get the best of advice from the realtor or the inspector or the bank or the lawyers. First, they were protecting themselves, not you. Second, condo owners are responsible for what is inside the walls and the HOA is responsible for the rest. The sewer lines, water pipes, and crawlspace are usually theirs. Even so, if water comes into your area of responsibility then that becomes their liability. Third, any inspector worth anything should have told you that current dry conditions do not necessarily mean that mold had not previously grown and dryness doesn't remove what is there. This is but one reason why a history is more important than a couple of samples. Finally, as Dr Thrasher keeps repeating over and over again, it's not just the mold! Especially with the broken sewer pipe. I wonder how the inspector missed all that. We and potential buyers need to understand all this so the accurate situation is known, not just the nebulous fears. Small claims court allows for damages up to $7500 without the cost of an attorney. If the disclosure were handled properly your condo would not be " dead on arrival " in your attempts to sell it. Unfortunately because " they " don't understand these issues they advised you to not even try. BTW, how did it go with replacing the A/C coil and " box? " Was there a problem with the protective oil coating? Carl Grimes Healthy Habitats LLC ----- Believe me Sue theres nothing more that I would like to do than to sell my condo or better yet rent it out just to pay my mortgage but with the market as bad as it is it would take several months if not years to sell the property. Because of the type of loan that I have there's a stipulation in the contract that says I cant rent it out for at least 3 years after I purchased the property. I talked to several lawyers about my condo and asked them for their advice and they all say the same thing, give it back to the bank. I called the mortgage company and they said the best they could do is sell it as a short sale but beings it still has so much mold it would take a considerable amount of time to sell it and I would have to spend more money for air samples and possible re-remediation depending on what the potential buyer want which would mean spending money I dont have. I had to get my mail there the other day and spoke to my next door neighbor and he told me that this the 3rd time that condo has been foreclosed on in 5 years. The last guy that lived there developed some sort of mental issues when he was living there and abandoned it as well. I found out his name and did an internet search on him to find out exactly why he let the condo go but was unsuccessful. i bought from someone who basically flipped the condo and never lived there so they were never aware of the mold problem In the disclosure the seller mentioned ground moisture in the crawl space which my real estate inquired about. The HOA stated it was moisture from the sprinkling system and the sprinklers had been adjusted so the problem was taken care, my inspector said at one time there was moisture in the crawl space but it had all be dried up at the time of the inspection. Come to find out there were two broken water pipes in the crawl space, the first was coming from the sink drain pipe, the second from a 6 " cast iron sewage drain pipe that was on the other side of the foundation. The cost to fix the sewage drain pipe was some where in the neighborhood of $15K due to all the concrete the plumbing company had to tear up to get to the sewage pipe. At the advice of both my real estate agent and inspector I signed the disclosure once I did that virtually gave up any right I had to take any action against the seller or the HOA. I tried to sue the inspector for gross negligence but didnt have the money to pursue the case. Apologies for straying off topic > > Find an attorney who specializes in residential real estate sales in > your city, as Carl says, houses can still be sold. ---------- The following section of this message contains a file attachment prepared for transmission using the Internet MIME message format. If you are using Pegasus Mail, or any other MIME-compliant system, you should be able to save it or view it from within your mailer. If you cannot, please ask your system administrator for assistance. ---- File information ----------- File: DEFAULT.BMP Date: 16 Jun 2009, 0:10 Size: 358 bytes. Type: Unknown Quote Link to comment Share on other sites More sharing options...
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