Hello everyone. We just closed on a home on 9/05 and didn't officially get out keys until 9/12 as the seller signed a tenant agreement to extend their stay an additional week to have more move time. We walked in for the first time after closing and immediately noticed a huge moldy spot on the wall inside the entry closet, a long with some spots all the way up the wall that looked like water damage - even just opening the closet we were hit with a strong musty smell. The closet was full of items during inspection and every other visit to the home. We had the inspection done a few weeks ago and this was not caught, which I understand as the inspector couldn't access the inside of the closet well.
Since the closet is located behind the shower, I called a leak identification company out to do thermal testing and turns out that there is an active leak behind the shower, as well as behind the bathroom sink on the opposite wall of the bathroom. The leak inspector said the entire bathroom would likely need to be torn apart due to the amount of moisture he found while running the shower and the sink.
He also said the home inspector should have caught this regardless of being able to access the closet. The shower head was loose and the pipe behind the shower was not anchored, and he said this can cause leaks. The wall next to the shower was soft and the baseboards were showing signs of major moisture damage. On the opposite wall with the sink, the wall behind the toilet near the baseboard had visible water damage and was wet to the touch after running the sink for just a few minutes. Under the sink was very warped and also wet to the touch. Also, the wall in the bedroom behind the sink was soft and had been damaged.
The leak inspector said I needed to call my homeowners insurance based on the amount of damage, and since the home was built in the 50s, that we would need to test for lead and asbestos. I called my homeowners insurance and they are sending someone out tomorrow to assess. However, I'm wondering what options I have. We cannot move in until things are fixed because we have an 8 month old and I don't want to expose her to that amount of mold. Also, it is a very small home with just the single bathroom and he made it very clear to not run the sink or shower because of how bad the leaks are.
What are the chances my homeowners insurance will cover this? Can I file a claim against the home inspector for negligence? I feel that there were clear signs of plumbing issues that should have been identified. Should I have my insurance file a claim against the seller's insurance? I find it hard to believe they didn't know this was happening between the smell of the closet, the massive mold spot and water stains, soft walls and wet baseboards. The bathroom also smelled super musty after running the water for a few minutes. He signed a disclosure agreement and listed nothing about mold, leaking, or plumbing issues.
I'm in California if that makes any difference in this matter.
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source https://www.reddit.com/r/RealEstate/comments/16j5p2y/mold_and_leaks_identified_after_closing/
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