Question about mold, codes and poor home inspection - long question?

Empress1 asked:


My husband and I purchased a foreclosure in Virginia. We had an ASHI certified inspector come in pre-sale to determine if there were any major issues. Most of what the inspector found was stuff we already had figured out. In any event, I found out yesterday that my basement has mold and it could be toxigenic mold. We have only lived in the house 7 weeks. The source of the mold is a basement bathroom shower that the inspector said was “dirty”. Moisture seeped from that shower into 2 surrounding walls. On the advice of the plumber who came in, we have not used the bathroom or cleaned it since moving in because the plumber suspected mold and advised against doing anything to it until it was confirmed. Plus, the bathroom was not up to code. This was a week after closing. According to the person who came in to test for the mold, it had been building up there a long time (i.e., months, if not years) and an inspector should have told me it was a) still damp and b) should have recommended a mold inspection to be on the safe side. Actually, what he said was our inspector was an idiot and should have known it was mold. In addition, after we purchased the home and were having the recommended repairs done, I had a plumber and an electrician confirm that there were at least 3 rooms in the house that were not up to code and potentially hazardous and pointed out things the inspector should have caught. What is the point of the home inspector if they can’t tell you these things? Do I have any recourse? Anyone ever had this problem before? We have already spent $15,000 just to fix what we already knew about. We are now faced with 2 bathroom remodels, a partial kitchen remodel (the mold spread) and partial basement reconstruction. Any suggestions or advice would be appreciated. If I have legal recourse, recommendations on that would be appreciated as well. Thank you!
My issues are primarily with the home inspector. The bank sold the house “as is” which we were okay with because we were hiring a home inspector to determine what issues the home had. Based on the report, we made the decision to purchase the home because nothing major was found. Had we known about the rooms not being to code, safety issues and mold/health issues, we would never have gone ahead with the sale. It’s the inspector I’ve got the issues with. Thanks so much for all your input!

This entry was posted on Tuesday, January 20th, 2009 at 6:54 am and is filed under Real Estate. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

5 Responses to “Question about mold, codes and poor home inspection - long question?”

  1. woodtick314 Says:

    Home inspectors are required to be insured and bonded for this reason. You do have grounds for a claim against him, but I wouldn’t be able to tell you how much you should expect to get. Talk to an attorney, as they will be able to give you a better idea of what to expect.

  2. moonlight Says:

    Good luck! Our home inspector (we bought a FC too) was a moron! He pointed out things to replace like kitchen cabinets - but not safety things like the obviously broken front steps or large basement *****. I too think it’s ridiculous to have to pay someone that really doesn’t know houses that well. As for recourse? I doubt you’ll get anywhere - you bought a foreclosure in (assuming) “As Is” condition. You own it. You could get a consultation with a lawyer, but I expect it won’t get you very far. Again, I truly feel for you and wish you good luck!

  3. bluemtnsmaninva Says:

    Woodtick above is exactly right.

    Hold off on any additional repairs and promptly consult with an attorney. He, or she, will be able to advise you of the steps required to get a settlement from the inspector. They will know how to proceed with getting tests completed and statements of the pre-existing conditions.

    Mold remediation is a specialized field as the mold can spread quite quickly upon being disturbed, remediation is also usually quite expensive. Ask the attorney is a health department survey would be advisable to determine if the mold can be harmful to your health.

  4. Elias Says:

    The home inspector (in light of your info) is legally liable for the extent of the repair bills above what was reasonably mentioned in the inspection report as this caused you a direct financial loss giving that everything near and around toxic mold must be totally replaced not repaired by a mold remediation expert. Not to mention the health implications of toxic mold which can eventually lead to severe brain damage similar to that of blunt head force trauma like sustained in a car crash. If your in the home now i would suggest vacating until all the repairs have been made and the mold has been remediated. Im sure this is toxic mold in your home 100%. The mold spores become 400x more toxic when they become airborne and start to dry. Caution is advised as you might be living in an emergency situation. has some resources that might help you. I would also contact a lawyer ofcourse. you can find some at

  5. calebeaton Says:

    I’m going to dodge the issue with the home inspector. Instead, here’s a bit of trivia that may provide a little comfort in dealing with the mold…

    Check out the remarkable research on toxic mold removal done by environmental expert Dr Ed Close. Simply diffusing Thieves essential oil regularly will likely result in an environment very hostile to mold.

    Cost of the Thieves Household Cleaner, a diffuser and a couple bottles of the Thieves oil that Dr Close recommends to his remediation clients: about $250.

    Go ahead a do the remodel and things, but it seems like this might provide a fair bit of protection/prevention for you and the rest of the house.