Mold - Help!

[William E. Billings]

A friend of mine had done a Mold inspection for someone and the results came back as toxic. What happened is, after slow communication from the seller's agent, the buyer continued as per the contract and provided the seller with the mold test being positive as toxic. Due to the lack of care and communication between the seller, her agent and the buyers, the buyers decided to "walk away" from the home. The buyers sent over their addendum stating they did not want to purchase the home. Now the sellers are refusing to sign the addendum and will not release the buyers from the home. Has anyone been through this type of situation and do you have any recommendations for the buyers?

The mold inspection is part of the real estate contract. Unfortunately (this is happening in Maryland) in this state, the buyer must go by the original contract offer, proceed with any inspections agreed upon by both parties and reply back and forth with addendums to fix any problems that occur when the inspection takes place. I realize the laws are different in every state, which makes this a difficult situation. When mold is present after all of the above have been done, how can it be legal for the seller to try and force someone to buy their home?

Thank you!

[Gerry Pallotta]

Interested to hear about this also.

[George Mendes]

I'm not sure I understand why the sellers would have anything to do with the addendum (clause) on the inspection. The buyers are the ones that would have to sign the addendum and have it lifted in order to proceed with the purchase on the home. If the results came back as toxic the sellers would have nothing to do with signing anything.

[rcooke]

Originally Posted by gmendes

I'm not sure I understand why the sellers would have anything to do with the addendum (clause) on the inspection. The buyers are the ones that would have to sign the addendum and have it lifted in order to proceed with the purchase on the home. If the results came back as toxic the sellers would have nothing to do with signing anything.

You see your lawyer before you sign a contract to purchase.
This is what lawyers are for this should be easy to fix .
They do have a lawyer I hope .
Roy Cooke

[William E. Siegel]

This is why you always give your escrow deposit to our own attorney and not to the one the realtor recommends. Have seen this situation many times. All it does is hold up the return of monies to the (usually) buyer and creates ill will.

[William E. Billings]

This is for a purchase in MD. In this state, the addendums are part of the real estate contract.