|Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Environmental Law > I want to know if I can sue the realities and the bank that sold me my home?|
Mold in residential and commercial buildings is a real problem, especially for those people with sensitive or compromised immune systems. Indoor mold growth is typically caused by water intrusion, interior leaks or high interior humidity levels. The problem cannot be solved until the underlying source of excess moisture is identified and eliminated.
So, my first question is whether you have identified the source of the mold and taken steps to eliminate it? If not, that needs to be accomplished ASAP.
With regard to your legal rights, to prevail in a mold exposure case, you must prove that: i) someone owes you a duty to protect you from mold exposure; ii) that party breached the duty to protect; and iii) such breach caused you to be damaged or injured.
In your situation, the duty owed to you by a realtor and/or a bank owner/seller is probably limited to their "actual knowledge" of the property's condition. In most cases of bank owned property, there is very little "actual knowledge" about the property because the people who lived/worked in the building are not involved in the transaction. So, the realtor/bank has a limited duty not to conceal or misrepresent information in their possession about the property. Do you have evidence that the realtor/bank fraudulently concealed or misrepresented the condition of the property prior to your purchase? Also, did you have an inspection of the property performed before closing on the purchase?
Even if you are able to prove that the realtor/bank breached its duty to disclose information about the mold, you will still need to prove that the mold exposure "caused" the negative health effects that you and your grandchildren are experiencing. Courts will require you to produce a medical doctor's opinion on the causal relationship between the level of exposure to mold spores and the actual sickness complained about. That can be difficult to obtain because many of the symptoms of mold exposure are similar to other unrelated illnesses.
So, in summary, in order to prevail in a mold exposure lawsuit, you will need present evidence of: i) a responsible party who knew about the problem and failed to disclose it to you; ii) the exposure caused you financial losses; and/or iii) the exposure caused your personal injury that must be corroborated by an independent medical professional.
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