Fresno property buyer alleges mold in house wasn't disclosed prior to sale

By Jenie Mallari-Torres | Nov 16, 2018

FRESNO – A property buyer alleges that the presence of mold and other issues in the house were not disclosed before the sale.

Mishae Martin filed a complaint on Oct. 22 in the Fresno County Superior Court against Fresyes Inc., JMS Realtors LTD, ECI Property Inspection, et al. alleging breach of contract, fraud, rescission and negligence.

According to the complaint, the plaintiff purchased a property in January on Rosalie Avenue in Fresno after reviewing the real estate transfer disclosure statement (TDS) and seller property questionnaire (SPQ). She alleges after she had lived in the property for one month, she discovered mold issues and problems with the split system, duct system, thermostats and pool equipment. 

The suit states these issues were not disclosed on the TDS and SPQ and the estimate she received for the replacement of the split system, ducts and thermostats is around $20,000.

The plaintiff holds Fresyes Inc., JMS Realtors LTD, ECI Property Inspection, et al. responsible because the defendants allegedly failed to accurately disclose the existence of black mold and material facts relating to the condition and value of the property.

The plaintiff requests a trial by jury and seeks judgment against defendants, restitution in a minimum amount of $100,000, costs of suit, attorney's fees, punitive damages, and further relief as the court deems just. She is represented by Brian N. Folland of The Folland Law Group in Fresno.

Fresno County Superior Court case number 18-CECG-03850

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