In areas that are most at risk for causing leaks and resulting mold, the courts have held that these areas are common areas under the property owner’s control, even when the damage occurs in your condo. If the property owner retains control, he or she is under a duty to use reasonable care to repair the mold problem.

You possibly have legal claims against the prior owner, realtor, condo association, the lender and insurance company. One suggestion is to seek a moratorium on your mortgage payments while you clean up the mold problems. However, insurers declining coverage or lagging over a claim without justification or outright refusing to pay for toxic mold remediation have been held liable for acting in bad faith.

You can expect anyone you sue to argue that the exposure to mold did not cause your health problem. This is why it is vital to discuss your case with an experienced attorney. You should do so as soon as possible, because waiting too long may bar you from suing, due to your state's statute of limitations. If you would like to have a cost-free, no-obligation case evaluation by a knowledgeable attorney, please fill out Free Advice's case evaluation form.