Were you present when the inspection was done? I'm having a hard time grasping how a group of adults who toured a house together to inspect, missed such a glaring problem. I would follow up with the inspector and your agent.

Wonder is you can take out an advertisement about your problem along with the name of home inspector and the seller? Would that be legal?

You're probably SOL. Call your agent to see what you can do. Every inspector has a clause saying they can't be held responsible for anything they didn't find. You can still leave a review on Angie's List.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Legally though there is no recourse? unless I had moved their 200lb furniture during my inspection, there's nothing to be done?

Well, that's not exactly accurate OP. You did say that it was noticeable from the basement but you just didn't happen to notice it.

Call your agent. he/she will be able to guide you.

+1 Something that nasty is probably illegal also. Sorry OP, that is really bad.

Anonymous wrote:

Anonymous wrote:Legally though there is no recourse? unless I had moved their 200lb furniture during my inspection, there's nothing to be done?

Well, that's not exactly accurate OP. You did say that it was noticeable from the basement but you just didn't happen to notice it.

Call your agent. he/she will be able to guide you.

How did the inspector miss the mold in the living room??? Regardless of how big furniture is, that's why you have an inspection. If you already closed, you really are SOL.

Anonymous wrote:

Anonymous wrote:Legally though there is no recourse? unless I had moved their 200lb furniture during my inspection, there's nothing to be done?

No one is going to give you legal advice here. What if the former home owner says, "Hey, we had that there for the last 10 years and never moved it. We just didn't notice."?

They had all of their furniture removed for a deep carpet cleaning in that room in January. I'm sure they knew about it then if they didn't know before.

Anonymous wrote:Legally though there is no recourse? unless I had moved their 200lb furniture during my inspection, there's nothing to be done?

Well, that's not exactly accurate OP. You did say that it was noticeable from the basement but you just didn't happen to notice it.

Anonymous wrote:Legally though there is no recourse? unless I had moved their 200lb furniture during my inspection, there's nothing to be done?

No one is going to give you legal advice here. What if the former home owner says, "Hey, we had that there for the last 10 years and never moved it. We just didn't notice."?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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.

I hate to say it, but I really don't have advice on if there's anything you can do about it in terms of the previous owner.

How large is the damage on the wall and the floor? First time home owner?

We are not first time homebuyers. The damage looks to be extensive. We haven't yet gotten any estimates. We're working on removing all the carpet right now.

Personally, I'd be inclined to do some of the work on the wall myself and hire someone to do the floor. If I need to replace tons of 2X4's to rebuild a door or window frame or (especially) load bearing supports in the wall then I'd hire someone. You might need to have a jack hold the wall up. Get a drywall knife and cut the wall open, look inside and see how bad it is. Don't do that above an electrical socket as they likely have the cord moving up a 2X4. You could turn off the circuit breaker to that room if you're worried.

Legally though there is no recourse? unless I had moved their 200lb furniture during my inspection, there's nothing to be done?

Anonymous wrote:

Anonymous wrote:

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.

I hate to say it, but I really don't have advice on if there's anything you can do about it in terms of the previous owner.

How large is the damage on the wall and the floor? First time home owner?

We are not first time homebuyers. The damage looks to be extensive. We haven't yet gotten any estimates. We're working on removing all the carpet right now.

Anonymous wrote:

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.

I hate to say it, but I really don't have advice on if there's anything you can do about it in terms of the previous owner.

How large is the damage on the wall and the floor? First time home owner?

Anonymous wrote:What did you think a musty smell in a 10 year old home meant? I can understand ignoring it a bit in an older home, but a home that age should not have any odor.

I should clarify. When I JUST moved in there was a musty smell. During the inspection and walk through there was not. There were air fresheners.

What did you think a musty smell in a 10 year old home meant? I can understand ignoring it a bit in an older home, but a home that age should not have any odor.