Help! Bought House, Rent Back, Then Found Mold During End of Rent Back Walkthrough.

[Anonymous]

We went to settlement a month ago. Our home inspector found some history of water stain on the basement wall in one corner of the basement, which we negotiated some money to address. A couple of days ago, I went to the house with some contractors to do some measurement and two of them were in the basement and said that they think there is mold in that corner. I went back there and noticed that the "water stain history" has now gotten darker in color as well as bigger! I was confused and did not know if contractors were just saying random things in order to obtain more work from us. Today is our rent-back walkthrough where we will be checking various things to make sure that everything is in order. Are the old sellers still liable for this item given that they have lived there for the past month?

I would ask my agent except he is so clueless and incompetent that we regret ever hiring him! (this is another for another story!)

[Anonymous]

Anonymous wrote:We went to settlement a month ago. Our home inspector found some history of water stain on the basement wall in one corner of the basement, which we negotiated some money to address. A couple of days ago, I went to the house with some contractors to do some measurement and two of them were in the basement and said that they think there is mold in that corner. I went back there and noticed that the "water stain history" has now gotten darker in color as well as bigger! I was confused and did not know if contractors were just saying random things in order to obtain more work from us. Today is our rent-back walkthrough where we will be checking various things to make sure that everything is in order. Are the old sellers still liable for this item given that they have lived there for the past month?

I would ask my agent except he is so clueless and incompetent that we regret ever hiring him! (this is another for another story!)

They are not liable--you are the owner. Their liability ended upon closing. Any worsening of the stain or mold growth after closing is on you. Their liability is limited to what a normal renter would be liable for--damages beyond wear and tear that they actually caused. That said, DO NOT freak out and start throwing money around on mold remediation. Contractors say mold because it is a cash cow. It may not be mold, and if it is, most mold is not the "black mold" kind that is dangerous; most mold can be removed and treated with a simple bleach solution and a drying out process.

[Anonymous]

Sorry. Anything that needed to be addressed/negotiated needed to be done during your initial inspection, prior to the transfer of ownership. (And it sounds like you did get some $$ for the water issue.) You are now the owner of the house and responsible for any issues; this post-rent walkthrough is just to make sure they are leaving the house in the same condition you found it on the day of settlement.

[Anonymous]

Anonymous wrote:

Anonymous wrote:We went to settlement a month ago. Our home inspector found some history of water stain on the basement wall in one corner of the basement, which we negotiated some money to address. A couple of days ago, I went to the house with some contractors to do some measurement and two of them were in the basement and said that they think there is mold in that corner. I went back there and noticed that the "water stain history" has now gotten darker in color as well as bigger! I was confused and did not know if contractors were just saying random things in order to obtain more work from us. Today is our rent-back walkthrough where we will be checking various things to make sure that everything is in order. Are the old sellers still liable for this item given that they have lived there for the past month?

I would ask my agent except he is so clueless and incompetent that we regret ever hiring him! (this is another for another story!)

They are not liable--you are the owner. Their liability ended upon closing. Any worsening of the stain or mold growth after closing is on you. Their liability is limited to what a normal renter would be liable for--damages beyond wear and tear that they actually caused. That said, DO NOT freak out and start throwing money around on mold remediation. Contractors say mold because it is a cash cow. It may not be mold, and if it is, most mold is not the "black mold" kind that is dangerous; most mold can be removed and treated with a simple bleach solution and a drying out process.

OP here. Actually, we were by our settlement attorney that the rent-back is different than the normal landlord-renter relationship. For example, if the AC broke it is actually on the old sellers to address these issues and not us.

[Anonymous]

What state are you in? We're doing a rent-back in VA and we are definitely responsible for landlord-type things. I'd check your rent-back agreement and talk again to the attorney who told you that. But in any case, you actually got money off for this problem but chose not to use the money to remediate the problem. It's no secret that untreated water damage can lead to mold. Based on the facts you've presented I'd say there is virtually no way the old sellers are liable. And honestly you'd be kind of an asshole to even suggest that they should be.

[Anonymous]

Anonymous wrote:What state are you in? We're doing a rent-back in VA and we are definitely responsible for landlord-type things. I'd check your rent-back agreement and talk again to the attorney who told you that. But in any case, you actually got money off for this problem but chose not to use the money to remediate the problem. It's no secret that untreated water damage can lead to mold. Based on the facts you've presented I'd say there is virtually no way the old sellers are liable. And honestly you'd be kind of an asshole to even suggest that they should be.

We could not do anything because they wanted nothing to be done to the house while they are renting back (they are renting back for 1 month)

[Anonymous]

I still don't see how it would be their responsibility. You would have to prove that they caused the mildew/mold - or that they caused the AC to break.

[Anonymous]

Anonymous wrote:

Anonymous wrote:What state are you in? We're doing a rent-back in VA and we are definitely responsible for landlord-type things. I'd check your rent-back agreement and talk again to the attorney who told you that. But in any case, you actually got money off for this problem but chose not to use the money to remediate the problem. It's no secret that untreated water damage can lead to mold. Based on the facts you've presented I'd say there is virtually no way the old sellers are liable. And honestly you'd be kind of an asshole to even suggest that they should be.

We could not do anything because they wanted nothing to be done to the house while they are renting back (they are renting back for 1 month)

As a matter of fact, I have been trying to get some contractors out to look into the regrading/downspout issue and the old sellers have written me an email requesting that I give them some privacy until they move out. When I had suggested that I wanted these issues looked at immediately, they even said they have lived there for over a decade and that I can wait another few weeks since they are sure the house is not going to fall down.

[Anonymous]

sorry, but its your problem now.

[Anonymous]

Anonymous wrote:

Anonymous wrote:What state are you in? We're doing a rent-back in VA and we are definitely responsible for landlord-type things. I'd check your rent-back agreement and talk again to the attorney who told you that. But in any case, you actually got money off for this problem but chose not to use the money to remediate the problem. It's no secret that untreated water damage can lead to mold. Based on the facts you've presented I'd say there is virtually no way the old sellers are liable. And honestly you'd be kind of an asshole to even suggest that they should be.

We could not do anything because they wanted nothing to be done to the house while they are renting back (they are renting back for 1 month)

It was your choice to agree to the rent back.

This is part of being a homeowner, enjoy!

[Anonymous]

Anonymous wrote:

Anonymous wrote:What state are you in? We're doing a rent-back in VA and we are definitely responsible for landlord-type things. I'd check your rent-back agreement and talk again to the attorney who told you that. But in any case, you actually got money off for this problem but chose not to use the money to remediate the problem. It's no secret that untreated water damage can lead to mold. Based on the facts you've presented I'd say there is virtually no way the old sellers are liable. And honestly you'd be kind of an asshole to even suggest that they should be.

We could not do anything because they wanted nothing to be done to the house while they are renting back (they are renting back for 1 month)

You did not have to agree to that. Your choice, your responsibility.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We went to settlement a month ago. Our home inspector found some history of water stain on the basement wall in one corner of the basement, which we negotiated some money to address. A couple of days ago, I went to the house with some contractors to do some measurement and two of them were in the basement and said that they think there is mold in that corner. I went back there and noticed that the "water stain history" has now gotten darker in color as well as bigger! I was confused and did not know if contractors were just saying random things in order to obtain more work from us. Today is our rent-back walkthrough where we will be checking various things to make sure that everything is in order. Are the old sellers still liable for this item given that they have lived there for the past month?

I would ask my agent except he is so clueless and incompetent that we regret ever hiring him! (this is another for another story!)

They are not liable--you are the owner. Their liability ended upon closing. Any worsening of the stain or mold growth after closing is on you. Their liability is limited to what a normal renter would be liable for--damages beyond wear and tear that they actually caused. That said, DO NOT freak out and start throwing money around on mold remediation. Contractors say mold because it is a cash cow. It may not be mold, and if it is, most mold is not the "black mold" kind that is dangerous; most mold can be removed and treated with a simple bleach solution and a drying out process.

OP here. Actually, we were by our settlement attorney that the rent-back is different than the normal landlord-renter relationship. For example, if the AC broke it is actually on the old sellers to address these issues and not us.

I have no idea why your settlement attorney told you this, as it is simply not true, unless you have a highly unorthodox rent-back agreement in place. I am an attorney. Honestly, many settlement attorneys know nothing more about real estate than just pushing the paperwork through, so I would not rely on anything you are now claiming to have heard from him/her.

[Anonymous]

OP, anything post-closing is YOUR responsibility unless there are documents stating otherwise. The post-rentback walkthrough is a standard end of lease walkthrough in which tenant-caused damage is the issue.

Anonymous wrote:As a matter of fact, I have been trying to get some contractors out to look into the regrading/downspout issue and the old sellers have written me an email requesting that I give them some privacy until they move out. When I had suggested that I wanted these issues looked at immediately, they even said they have lived there for over a decade and that I can wait another few weeks since they are sure the house is not going to fall down.

Seems like previous owners aren't used to being renters. Sorry, every lease agreement in the world says the landlord is able to access the place within due reason and mold remediation is a perfectly good reason.

(BTW, you want to get anything tested at a lab of YOUR choosing.)

And to 10:02, this forum and others are full of stories about unresponsive landlords. Neither buying nor renting are a panacea.

[Anonymous]

I would think a water stain in the basement that the inspector noted would be something you would really try and look into. Were you not concerned about a foundation crack?

[Anonymous]

I assume you have some type of deposit from the previous owners.

Any damage done between settlement and when they move out you can use the deposit for.