We made an offer to purchase a luxury home in Kansas City. Everything seemed to be proceeding well until a day before our inspections. We found out through the tenant that they are suing the owner of the property due to unsafe living conditions because of mold. Now the listing real estate agent wants us to sign a release for the mold (small amount in the laundry room) and the current lawsuit. The lawsuit was never disclosed to us when we made the offer to purchase.

Question: We made an offer to purchase a luxury home in Kansas City. Everything seemed to be proceeding well until a day before our inspections. We found out through the tenant that they are suing the owner of the property due to unsafe living conditions because of mold. Now the listing real estate agent wants us to sign a release for the mold (small amount in the laundry room) and the current lawsuit. The lawsuit was never disclosed to us when we made the offer to purchase.

My concern is if the tenant wins the lawsuit and the homeowner has no assets, will anything come back to us, the new homeowners? How do I find out if the house has a lien against it? Can the court award the tenant the house even if we have bought it from the owner being sued?

–Francis H. from Kansas City

Answer: This sounds like a complicated manner and more information is needed to help you. I am going to recommend you speak to an attorney, immediately. In addition, the title company should be able to tell you if there is a lien or lis pendins recorded against the property you have made an offer on. 

If there is not something recorded that does not mean everything is in the clear, that is why I recommend you speak to an attorney to evaluate your risks. 

An important manner is you should have a mold expert evaluate the mold issue in the home. There maybe more mold that has been covered up or in an inaccessible area.

RE/MAX sells more homes than any other real estate company.
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