Try this one: You purchase a new home, not knowing of critical problems that will cause water intrusion and and lead to excessive mold and water damage. Is the seller at fault for not disclosing these problems to you before you bought the house? Well, what if the seller was also unaware of these problems? An Ohio court says no.

It happened to the Thalers in Cleveland who lost their case in court due to the Caveat Emptor Doctrine. The Thalers battled the Zovkos over $15,000 worth of damages that resulted from a leaky sump pump and wall cracks in the basement of the purchased home.  They did not realize the true extent of these problems until the repairs were made.

The Zovkos defense? The Thalers were made aware of the visible basement wall cracks and sump pump disrepair. The Thalers even had their own inspector take a look and claim the wall cracks were not a problem. The Zovkos did not tell the Thalers about the hidden extent of the damage because they weren’t even aware of it. Mr. Thaler, a licensed plumber himself, did not even realize the hidden problem until it resulted in a water leak fiasco and a consequent mold outbreak.

The Thalers sued the Zovkos for fraud and misrepresentation. Fraud is intentional deception for personal gain. But the Zovkos did not intentionally deceive the Thalers because they were not aware of the problems. They did not misrepresent the problems the house had on purpose. It hearkens back to the old saying, “It’s not a lie if you believe it.” Everything the Zovkos knew about the house, the Thalers also knew.

Furthermore, the sales contract included an “as is” clause. This relieves the seller of disclosing latent defects either way.

Of course, Caveat Emptor is Latin for “buyer beware.” In order to prevent litigation over every imperfection existing in a house, the buyers are expected to inquire and conduct their own inspections before purchasing.

When it comes to mold, everyone is always looking for someone else to foot the expensive repair bill. But we have to take personal responsibility to prevent mold from ever occurring and to avoid these conflicts.

Tagged as: caveat emptor, EPA, home, mold, wall cracks, water damage, water intrusion, water leak