Attorney Wins Real Estate Failure to Disclose Toxic Mold Case

In a recent real estate lawsuit, the buyers of a condominium alleged they had suffered health problems and damages as a result of mold exposure. They sued the sellers of the condo, their real estate agent, the homeowners association, and home inspectors. Their failure to disclose lawsuit alleged negligence, breach of contract, and misrepresentation. When the case went to trial, Plaintiffs presented numerous expert witnesses that testified the toxic mold had been present for some time. Kevin J. Gramling, an attorney for Klinedinst PC, represented the sellers of the condo, and was able to successfully demonstrate that the sellers had not misrepresented the sale, and that there was no negligence, fraud or breach of contract in the real estate transaction. This case could be a harbinger of lawsuits to come, given the myths still surrounding mold and toxic torts, and the high number of real estate transactions in California.

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