Anonymous wrote:Were you present at the inspection? Did you ask the inspector about the musty smell? If you had an inspection and it didn't come up then, you are just plain out of luck. It isn't like the damage was truly hidden (i.e. not visible by a diligent inspector).

It was visible in the basement, but not in the living room where it originated.

Anonymous wrote:Your inspection should have turned it up. Here's an article about something similar. I am not a lawyer so this is definitely not advice.
http://realtytimes.com/consumeradvice/buyersadvice1/item/10017-20050718_falseseller

You didn't provide a lot of information but your first job is to track down the problem. Is it near a bathroom, an interior wall, an exterior wall, etc?

It's next to an exterior wall. Seems like it's a gutter issue. We're tracking down the cause of the water. We will fix the actual water problem, but the mold/rot damage should have been repaired. From the looks of it this is maybe 5 years old.

Anonymous wrote:Seriously?? So if you have issues, just make sure to cover it with heavy furniture that you abandon? This is insane.

If there was a musty smell on the first floor, a musty smell (and serious water damage has a very clear smell and is hard to hide), and visible water damage in the basement, a good inspector and/or a savvy buyer would catch it. OP did not have a good inspector.

Your inspection should have turned it up. Here's an article about something similar. I am not a lawyer so this is definitely not advice.
http://realtytimes.com/consumeradvice/buyersadvice1/item/10017-20050718_falseseller

You didn't provide a lot of information but your first job is to track down the problem. Is it near a bathroom, an interior wall, an exterior wall, etc?

Were you present at the inspection? Did you ask the inspector about the musty smell? If you had an inspection and it didn't come up then, you are just plain out of luck. It isn't like the damage was truly hidden (i.e. not visible by a diligent inspector).

Anonymous wrote:

Anonymous wrote:OP here, what about the inspector? It had leaked into the basement as well and is noticeable. Don't know how I didn't see it, but the inspector should have seen it and known what it was. It was unobstructed in the basement.

What exactly does this damage look like and what did you think it was? How old is this home?

10 year old home. The damage in the basement is water rings and stained corner. It's an unfinished basement.

Anonymous wrote:OP here, what about the inspector? It had leaked into the basement as well and is noticeable. Don't know how I didn't see it, but the inspector should have seen it and known what it was. It was unobstructed in the basement.

i am sure the inspector has a million clauses in their contract stating that they are not responsible for just about everything. Sorry you are pretty much stuck with what it.

Seriously?? So if you have issues, just make sure to cover it with heavy furniture that you abandon? This is insane.

Anonymous wrote:OP here, what about the inspector? It had leaked into the basement as well and is noticeable. Don't know how I didn't see it, but the inspector should have seen it and known what it was. It was unobstructed in the basement.

What exactly does this damage look like and what did you think it was? How old is this home?

Musty smell above basement = mold

Musty smell in basement = probably still mold

And I doubt there is anything you can do about the inspector.

Pretty sure that seller's disclosure form you signed said something to the effect of its up to you to figure out through home inspection, etc., if there's anything wrong with the property. I'm not a lawyer, though. I'm sorry. That seriously sucks. Hopefully it won't cost you too much to have it repaired.

I'd photograph all of the damage/mold, for the record.

I would assume that they would have had to make a declaration of mold/water damage in the contract, no? I recall when we sold our house that there was a long list of questions regarding the condition of the property. Check your contract first and see if they outright lied about it.

Then I'd call your agent and an attorney.

OP here, what about the inspector? It had leaked into the basement as well and is noticeable. Don't know how I didn't see it, but the inspector should have seen it and known what it was. It was unobstructed in the basement.

SOL

Just closed on a new home. As we were nearing closing, sellers asked to leave a heavy desk in the living room. We said fine since we were exhausted with them (it's old and ugly, basically trash). We just moved in yesterday, went to move the desk to donate it and lo and behold there is extensive mold, subfloor rot and water issues under it. We're pissed. We had noticed a musty smell in the living room, but just chalked it up to the sellers not cleaning as much.

This is Virginia. Do we have any sort of recourse? We're sure the owner knew about this issue, but covered it up with furniture (and air fresheners for our inspection).