Home buyers sue over mold infestation
November 30, 2010
BELLEVILLE, WI — After purchasing a $200,000 home, its buyers discovered they could not inhabit the premises because of mold infestation, according to The Madison Record.
Kelly Tyson and Jason Rumpf filed a lawsuit November 10 in St. Clair County Circuit Court against Debbie and Michael Lanxon, Nester Realty, Strano and Associates, Gershmann Investment Corp. and Mark Oldfield doing business as Oldfield Inspection Services, the article noted.
In their property disclosure report, the Lanxons affirmed they had lived in the home for the last 12 months and stated that they were not aware of any material defects in the home''s walls or floors or of leaking problems in the crawl space or basement, the suit stated.
"Defendant Michael Lanxon failed to disclose that there were substantial defects in the walls, floors and basement resulting in water damage, which caused a substantial mold infestation throughout the home, of which he knew or should have known," the complaint said.
"Plaintiff Kelly Tyson suffers from severe Asthma and cannot live in the home due to substantial mold infestation," the complaint added.
"As a direct and proximate result of the defendant''s actions in fraudulently concealing defects in the home and making false statements of fact, the plaintiffs are forced to pay additional living expenses, in that they are currently paying two mortgages because the home is uninhabitable," the complaint concluded.
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