QUESTION

Can we take legal action if the listing agent knew there was black mold but lied about it being taken care of?

Asked on Oct 14th, 2012 on Environmental Law - Georgia
More details to this question:
The listing agent stated there was a "mildew" problem due to a leak, but they had fixed it. Neither the inspector or appraiser caught this because it was likely being covered up during the contract period. The home was completely renovated after renters in the home caused a fire in the kitchen in 2010. The home was renovated over a two year span. We have a five year old with asthma and I have lung scarring with no known reason. Health effects are a major concern.
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1 ANSWER

Environmental Law Attorney serving Dayton, OH
2 Awards
I am only licensed to practice in Ohio and this will be a state law issue, governed by Georgia law (where the property is located).  Notwithstanding, I have a few thoughts. 1)  Proving that someone "lied" is a difficult burden.  In order to have a cause of action against the listing agent, you will need to prove that he/she intentionally or recklessly made a false statement, and that you reasonably relied upon that statement to your detriment.  If the listing agent honestly believed that the mildew problem had been remedied, he/she is probably protected. 2)  A court will likely determine that the realtor's disclosure of a mildew problem (regardless of his/her explanation that the problem had been fixed) should have alerted you and your inspector to look more closely for evidence of mold.  If the inspector could not find such evidence, a court will likely not determine that the realtor should have found it. 3)  Exposure to mold affects different people differently.  Some get sick, others don't.  Therefore, proving a connection between your exposure to mold and a specific illness will be difficult.  At the very least, you will need a medical professional's opinion to satisfy the burden of proof on the causation issue....and most doctors will not give such an opinion. My advice is to consult with a Georgia attorney with specific experience dealing with mold claims. There may be a Georgia law or regulation that I am not aware of that could help you.   Good luck. Daniel A. Brown Brown Law Office LLC, Dayton, Ohio
Answered on Oct 15th, 2012 at 9:03 AM

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