contract-law real-estate
Condo seller failed to disclose water damage which caused toxic mold that made family sick.
<p>I bought a condo July '16 from out of state and could not be here for the inspection although my realtor was. In the disclosure statement the seller checked 'no' regarding moisture problems or water damage, and then checked 'yes' that the plumbing and water heater are in good working order.  The inspection report photo shows that she cleaned up the heater (it's 19 yrs old), painted spots on walls, and covered floor with clutter. Since moving in, I found that she had covered obvious signs of water damage and leaks. Now, my child, my puppy, and myself are all dealing with toxic mold sickness and the lengthy process of remediation/restoration. I'm a disabled Veteran with health issues and the toxins hit me hardest. Is there a statute of limitations? Do I have a case?  </p>

<p>We can't judge whether you have a case (i.e. whether you can establish in a court of law that seller knew of the condition, had an obligation to disclose, and the condition caused you harm): your attorney can inform you about your prospects. Assuming that you are in California, <a href="http://law.onecle.com/california/civil/2079.4.html" rel="nofollow noreferrer">California Civil Code 2079.4</a> states a statute of limitations </p>

<blockquote>
  <p>In no event shall the time for commencement of legal action for breach
  of duty imposed by this article exceed two years from the date of
  possession, which means the date of recordation, the date of close of
  escrow, or the date of occupancy, whichever occurs first.</p>
</blockquote>

<p><a href="http://law.onecle.com/california/civil/2079.8.html" rel="nofollow noreferrer">Section 2079.8(b)</a> says:</p>

<blockquote>
  <p>...nothing in this section increases or decreases the duties, if any,
  of sellers or brokers, including, but not limited to, the duties of a
  seller or broker under this article, Article 1.5 (commencing with
  Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2, or
  under Chapter 7.5 (commencing with Section 2621) of Division 2 of the
  Public Resources Code, or alters the duty of a seller or broker to
  disclose the existence of known hazards on or affecting the real
  property.</p>
</blockquote>

<p>which is to say, it's not just the broker who has a duty to disclose. If you are in some other state, the laws could be different, but probably not very different.</p>
