Seller was an Investor who filled out the Sellers Property Disclosure – Condominium form although they never lived in the unit (1 year occupancy is required by the association). To the question of wood destroying pests and fungi they answered no. My Home inspection turned up no known issues with mold.
After close we occupied and opened a cabinet to clean it and there was remnants of black mold in non-readily observable areas (such as the underside of drawer and shelf). There were faint wipe marks indicating it had been cleaned. Furthermore, seller had replaced the countertops at which point the mold would have been apparent to the installer. We pulled out the cabinet to find more black mold behind it, not mitigated.
Upon asking the seller, they stated that they only went in the unit twice over a 3 year period and didn’t know about the mold. We asked them who did the countertops and they stopped communicating.
Assuming they are not lying, and they used third parties to complete the work who never told them of mold and just cleaned it, are they still liable for work completed by the third party?
Not sure why they filled out this “full” disclosure rather than the non owner occupant disclosure. They didn’t tell us until after closing that they never lived in the unit, and I think answering “no” is therefore somewhat misleading.
Thoughts on whether I am SOL or whether I can get damages?