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Penelope in Chandler, Arizona

by Jonathan

In 2010, I sold my Florida home and purchased a home in Chandler, AZ under an “as is” clause. I had the required inspection prior to purchase. Shortly after moving in (a couple of months), the upstairs bathroom tile cracked the length of the bathroom and I noticed some wet drywall in the garage. After six months and three plumbers later, discovered leak up in attic from upstairs shower. My symptoms grew progressively worse and have carried dx of COPD and vocal cord dysfunction. I had to leave my job in May and vacate my house and belongings at the end of May. I am still very ill and being treated by Dr McMahon in NM who follows Dr Shoemaker protocols for mold illness. Symptoms still include fatigue, severe short term memory loss and neuro-cognitive deficits, cough, breathing issues, etc. Since I have no sense of smell or taste, it is very difficult to know when I am entering public WDB. I am currently trying to find a safe place to live and get well so I can return to work.


Can a house with mold be sold “as is” as I am too sick and unable to go in and oversee any remediation? Is there any recourse against seller?

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Jonathan June 27, 2011 - 10:18 pm

Penelope, have you contacted the seller about the home? To my limited knowledge, the “as is” clause doesn’t offer any wiggle room. The seller isn’t obligated to do anything beyond the agreement of the sale. Did anything turn up in the inspection?

Lori Tondini June 28, 2011 - 11:03 pm

Might depend on the state laws, but “as is” usually means just that. However, in health issues, such as with mold, now YOU know there is mold, so you would be required to make sure future owners are aware of this, and have them sign a “mold disclosure”. Make sure the disclosure indicates the severe health issues associated with toxic mold. Otherwise, you can get the home remediated without being there. Check out http://www.moldremedy.biz


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