mold-symptom.com

On Oct. 31, 2002, Nancy and Rick Davis bought their first home at 20A Shawnee Road. The couple had been living in a rented townhouse in Stow when they decided it was time to own a place of their own. Less than two months after moving in, the Davises would learn that their new home was so infested with mold that inspectors and doctors recommended they leave the house immediately to avoid serious health risks.

"If you had a lemon car, there are laws to protect you. There are no laws for houses," she said. "If we found (the mold) in 45 days, why can't we just return it."

Since moving in on Nov. 9, 2002, Nancy said she has developed severe asthma, a condition she said she never suffered from before. Her hoarse voice and collection of new medications is testament to a severe respiratory condition which Nancy attributes to the extremely high mold levels in her new home. Her doctors also have recommended she move out. Neither Rick, who works as a chemical etcher, or their 5-year-old son Brandon have experienced adverse effects from the mold, which can cause everything from allergies to pulmonary emphysema.

"We have to get out. We need to get out of our house and I don't know what else to do," Nancy said.

"But where do we go? We have a $2,000-a-month mortgage and we have nowhere to go," she said.
With no other perceived course of action, the Davises filed a civil lawsuit in Middlesex Superior Court Aug. 22 against four people: Previous homeowner Michael Burke, real estate agents Louise Knight of RE/MAX Colonial in Groton and Rene Kelley of Century 21 in Maynard, and home inspector Thomas Herbst of Clayton Home Inspection, who inspected the house before the Davises bought it.

The Davises are convinced that either the parties involved knew about the pre-existing mold condition and ignored it so that they could make a sale, or were extremely negligent.

Black mold covers the foundation, the eaves of the house, window sills and is easily spotted in the bathroom. Mold grows out from behind light switch covers. In the attic, the worst area in the home, a colorful collection of mold blankets the plywood of the roof. Bread turns black within days, the Davises said, and they are worried that the roof will not be able to survive another winter.

Before buying, the Davises hired Herbst to inspect the house. In his report he noted that the there was evidence of a prior leak in the roof and mold in the attic but rated it satisfactory in his report.

Herbst's lawyer, Robert Curley, said his client recommended the Davises should look into problems with the roof. Massachusetts law does not require home inspectors to evaluate the severity of mold, he said.

"They were told to evaluate it and after that the ball was in there court," Curley said. "That was an evaluation that was up to them to perform."  The Davises disagree, saying Herbst gave them the impression that nothing was seriously wrong with the house.

"He specifically told us it was a good solid house," Rick said.

Curley, however, said that legally the Davises have no case against his client and expects Nancy, Rick and their attorney Robert Doyle to seriously consider dismissing the lawsuit. Doyle disagreed saying that the mold is so easy to see, Herbst acted negligently by not specifically alerting the Davises and warning them of the dangers.

Burke's lawyer, Robert D'Auria, said that if a professional inspector didn't find a significant mold problem, there was no way his client would know.

"They are just trying to make a quick buck," D'Auria said of the Davises, adding that his client lived in the house for 22 years and was never sick.

He also said he expects to look very closely at the causal relationship between the mold and Nancy's health problems.

"We think they hid it. We think the Realtors knew and hid it as well," Doyle said.

"I think (the Davises) have a pretty good case or else I wouldn't have filed it," he said, though he added it could take a long time before there is resolution.

The Davises discovered the severity of the mold in December 2002, when they had an energy audit performed on the house. After inspecting the attic, Nancy said the inspector told them they had the worst case of mold he had ever seen and recommend they call their insurance company.

The Davises did just that. Their coverage was promptly dropped because the mold was a pre-existing condition that the insurance company said they could not be responsible for.

The Davises, paid $239,900 for the duplex, located on a half-acre parcel bordering the Nashua River Rail Trail. They live on one side, and rent the second side of the house to good friends who moved with them from Stow. Nancy said the best they can hope for now is to be awarded enough money in the lawsuit to tear the house down and build a new one.

"I would like nothing more than to see the Fire Department burn this thing to the ground," she said.

Nancy and Rick said the damage to the house is probably too significant to repair it is unlikely the mold could be removed because it is presumed to be everywhere inside the walls. They have been told all of their belongings, including clothes and furniture, must be discarded because of contamination.

Rick said he can't afford to move his family to an apartment with his current mortgage and is concerned that his wife's health is becoming worse.

The courts now will have to decide whether the defendants knowingly misled the Davises with regard to the house's condition or if the Davises were simply inexperienced homebuyers.

Whatever the verdict, the Davises say they are living a nightmare.

"I really want people to be aware of how easy it is to have this happen to you," Nancy said. "It's awful having to live like this."