Urgent Construction and Legal Advice Needed

[Shirin Namavar]

Dear all,

We’re dealing with a serious issue in our home and would greatly appreciate both legal and construction-related advice.

We bought a flipped house in 2021, renovated by a company in 2020. Our vinyl flooring is now cracking and detaching, and the subfloor is warped. We discovered that all crawl space vents had been sealed, leading to severe moisture buildup, extensive mold, and damage—now also affecting our tenants’ health.

We need guidance on:

• - Is the home still safe to live in after opening the vents and potentially disturbing black mold?

• - Can we take legal action against the renovation company for unpermitted structural changes and code violations?

• - Can the home inspector be held liable for missing these issues during two visits?

• - Do lawyers handle these types of cases on contingency? Any referrals in the DFW area?

Any insight or recommendations would mean a lot.

Best regards, Shirin

[Ken M.]

Quote from @Shirin Namavar:

Dear all,

We’re dealing with a serious issue in our home and would greatly appreciate both legal and construction-related advice.

We bought a flipped house in 2021, renovated by a company in 2020. Our vinyl flooring is now cracking and detaching, and the subfloor is warped. We discovered that all crawl space vents had been sealed, leading to severe moisture buildup, extensive mold, and damage—now also affecting our tenants’ health.

We need guidance on:

• - Is the home still safe to live in after opening the vents and potentially disturbing black mold?

• - Can we take legal action against the renovation company for unpermitted structural changes and code violations?

• - Can the home inspector be held liable for missing these issues during two visits?

• - Do lawyers handle these types of cases on contingency? Any referrals in the DFW area?

Any insight or recommendations would mean a lot.

Best regards, Shirin

Black mold "Black mold does not affect everyone in the same way. However, those with an allergy or sensitivity to the spores may experience symptoms such as congestion, red eyes, respiratory problems, and skin rashes."  It's not a given that it's dangerous.

If it has taken you 4 years to discover the mold, it isn't likely it's affecting you.  And, it hasn't been there for all of that time or you would have noticed it.

How do you prove in court that it is there because of their actions and not yours? Accusations have to be proven to win.

Most items have a 3 year statute of limitations for a lawsuit. There has been too much time that has passed for a lawyer to be interested. No, they do not take these kind of cases on contingency.

The court would go "Oh an Architect, eh" case rejected. You have the expertise (perceived or real ) to have known better. An Architect, is supposed to know these things.

There is likely a clause in the contract you signed for these type of occurrences that are in the inspector's favor. A lawsuit can run from $10,000 to $25,000 dollars and you would likely lose this one.

And most importantly, you have to prove monetary damages. 

Still, for giggles you can set up a one hour consultation with a local personal injury attorney to get their opinion. You need proof you were injured.