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What to do if Your New House has Toxic Mold

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By Stephanie Rabiner, Esq. on April 19, 2011 6:50 AM

When moving into a new home, a few problems are expected during the time it takes to unpack and adjust.

However, the last thing anyone expects to come across is toxic mold, the harmful substance responsible for a host of respiratory and sinus problems.

If this has happened to you, you're probably wondering who's responsible now that you own the home. It actually may not be you.

If you purchased your home from another owner, and they knew about the toxic mold, then they may be responsible for their failure to disclose a known defect in the home. Most states require previous owners to disclose material facts such as this.

If your home is new construction, you may instead have a claim against the contractors, subcontractors, engineers and/or suppliers. They may have been negligent in properly building and sealing your home, or in manufacturing materials.

They may also be in breach of warranty, as many states require builders to warrant new construction against faulty workmanship for a certain amount of years.

If you had a pre-purchase home inspection, you may also have a claim against the inspection company. If the contract specified that they were to inspect for mold, then they may have been negligent and in breach of contract for not fulfilling their duties.

So if you find toxic mold in your new home, after taking care of your health and safety, call an attorney with experience in toxic mold injuries. Someone else may be responsible for your expenses.

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