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Pamela in Scottsdale, Arizona

by Jonathan

I purchased a manufactured home in a 55 or older community. I paid cash, $35,000 and they jumped on it. As soon as I moved in I started having numerous problems. I had to put new tile in the kitchen twice and I also had to scrub with clorox (I  forgot the other product). I started getting sick all the time. Then, it happened in my bathroom. I pulled up the tile and found black mold. I had to do the same in there.

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The real estate agent was well aware of these problems. Now after living here 3 years, I am on Social security Disability, I have breathing difficulties, and I had a brain aneurysm removed May of 2010. I feel like I have the flu every day with horrible headaches. I know there are not cut and dry facts on the damage mold may cause, yet I believe it is very damaging to ones health. The way I feel now tells me this.

I have no extra money to do anything. My income is one fourth of what it was when I was capable of working. I am getting worse every day and to be honest do not believe I will live much longer if in this house. I am depressed due to my energy level. I used to work out, always very active. Now sometimes I ache so bad I can not get out of bed. I am scared and no one will listen. I found out that most Doctors do not know much about mold and how it affects the body. Please, I am slowly dying, I am 53 years old and my body feels like I have had a horrible flu for about 3 years. I am stuck here because my health has become so bad I cannot work. I have noticed when I am out of here I have more energy. PLEASE SOMEONE LISTEN AND HELP ME. Is there not some way to get the real estate agent to take this house back? I have no doubt this house is full of black mold, yet no money to even test it. Thank you. I appreciate anyone that can help me.

Questions:

  1. Do I have a case for suing the agent?
  2. Can I have him or the previous owners take this place back for what I paid. I have all receipts for the supplies, including the work I did myself.
  3. Is there any lawyer that will take this pro bono?

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2 comments

Mikal June 14, 2011 - 7:50 pm

I assume you had a an inspection to home prior to purchasing it. If this is the case, the inspector should have told you if there is a mold issue. If you bought the home as is, this presents a problem in my opinion. If this is the case, I suggest you sell the home as is and move to a healthier environment.
I first suggest you speak with several attorneys to see if you have a case and if you do maybe you can find an attorney that will provide you with a contigency based on percentage of what you may win if you win.

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babyboomer1001 May 16, 2012 - 3:12 pm

If she had the home inspected, I would sue the inspector as well as the prior home owners. Note: She probably has to prove that the prior owners knew of the problem when they sold the home. They will have had to complete documentation and had it over, detailing what works, what doesn’t, and any problems they are aware of. If she did not have the home inspected, this would not relieve the prior owners of their fiduciary duty to disclose to the proposed new homeowners any problems in the home. A short consultation with an real estate attorney could answer your questions and you would then know whether you want to pursue your case.

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