Urgent Construction and Legal Advice Needed

OP

Architect · Richardson · Member since 2021 · 39 posts · 7 votes

@Jay Hinrichs Thank you. We did not had an experience with the houses with crawling space. That's why we got an inspector. Was is part of his tasks to look for the vent and mention that, or it is fall into the building codes? In the inspection report he clearly mentioned that all the vent and moisture preventions are ok.

Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
1y
Quote from @Shirin Namavar:

@Jay Hinrichs Thank you. We did not had an experience with the houses with crawling space. That's why we got an inspector. Was is part of his tasks to look for the vent and mention that, or it is fall into the building codes? In the inspection report he clearly mentioned that all the vent and moisture preventions are ok.

well not sure on that but its a long time since you bought it inspectors many times have E and O. houses with crawl space your inspector should like they all do.. Put his bunny suit on go under the house and take pics of anything amiss if the vents were closed that would have been easily detected and called out.. sounds like a poor home inspection .. but you know we are not there so take it FWIW.
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Ken M.
Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes
1y
Quote from @Jay Hinrichs:

Quote from @Shirin Namavar:

@Jay Hinrichs Thank you. We did not had an experience with the houses with crawling space. That's why we got an inspector. Was is part of his tasks to look for the vent and mention that, or it is fall into the building codes? In the inspection report he clearly mentioned that all the vent and moisture preventions are ok.

well not sure on that but its a long time since you bought it inspectors many times have E and O. houses with crawl space your inspector should like they all do.. Put his bunny suit on go under the house and take pics of anything amiss if the vents were closed that would have been easily detected and called out.. sounds like a poor home inspection .. but you know we are not there so take it FWIW.
Your comment: "sounds like a poor home inspection"
or it could have been a plumber, insulation or electrical contractor long after the inspector left the scene, Heck, it could have been a pest treatment guy or a 12 year old playing around under the house. Maybe an HVAC guy trying to chase down a leak. I'd vote for alien invaders but they usually come down the chimney.

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OP

Architect · Richardson · Member since 2021 · 39 posts · 7 votes

Thank you @Jay Hinrichs

Andrew SyriosPro Member

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Residential Real Estate Investor · Kansas City, MO · Member since 2014 · 10k+ posts · 5k+ votes

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You're going to want to get the mold tested and remediated asap. But without a test, it's impossible to tell you whether or not it's safe.

From my (limited and non-lawyer) understanding, it's difficult to hold inspectors liable but not impossible. More likely is the seller or contractor, especially if it wasn't disclosed. Lawyers absolutely deal with this sort of thing but whether they'll do it on contingency is something I can't say. Depends on the attorney and the strength of the case. Regardless, it's definitely something you would want to talk to an attorney about.

Ken M.

Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes

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.

OP

Architect · Richardson · Member since 2021 · 39 posts · 7 votes

Thank you very much @Andrew Syrios. I appreciate your advice.

Jared W SmithBusiness Member

Architect · Westchester County, NY · Member since 2018 · 682 posts · 476 votes

Unfortunately @Shirin Namavar, if your title is accurate as licensed Architect (as @Ken M. stated), you will be held at a higher standard than a layperson within this field. They will question why you didn't do proper due diligence beforehand. Basement, foundation and crawl space areas are crucial parts of the overall health of a property and must be documented thoroughly.

Additionally, it's simple enough nowadays to look up or request permit history for a property from the jurisdiction/building dept. The fact that they flipped it, sounds like you knowingly knew this at purchase, yet you didn't check for permit is likely to fall on you. Unless they stated something that was inaccurate and you can prove this, you will likely waste money on a lawsuit. Hell, even if you can prove this it still may not hold any weight.

Get the mold remediated and fix the structure and craawl space items that are damaged. All the best with this.

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Jimmy Sullivan

New to Real Estate · NY · Member since 2023 · 9 posts · 3 votes

Hi Shirin -

I'm not sure what the laws are in Texas but I know in California when you purchase a home, you as the new owner become responsible for that home, including any work that was previously done without permits. Unless the seller knew about the defects or mold and didn't disclose that, but you would have to prove that.

We had mold once in one of our rentals due to a shower head leaking behind the wall and I would suggest just fixing it ASAP, mold can spread very quickly. A lawsuit is probably not worth your time and effort and the $$ it would take. *Remember even if you win a lawsuit you still have to collect and that can take years, if ever.

Best of luck to you.

OP

Architect · Richardson · Member since 2021 · 39 posts · 7 votes

Thank you very much @Jimmy Sullivan for your advice and information.

James McGovern

Flipper/Rehabber · Bloomfield CT · Member since 2020 · 1k+ posts · 409 votes

Did you get an inspection prior to closing?

OP

Architect · Richardson · Member since 2021 · 39 posts · 7 votes

@James McGovern yes. I was not present at the purchase time myself, but we got inspector two times before closing

James McGovern
Flipper/Rehabber · Bloomfield CT · Member since 2020 · 1k+ posts · 409 votes
1y
@Shirin Namavar if it was discovered in the inspection and shared with buyer, it should have compelled disclosure. If not disclosed, a lawyer can use as part of a lawsuit. Otherwise an owner may not have known and is off the hook. Many flippers have not lived in the property they sell and can disclaim a lot legally
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OP

Architect · Richardson · Member since 2021 · 39 posts · 7 votes

@James McGovern thank you!