Mold: Homebuyer Files Action Alleging Breach of Warranty/Negligence in Circuit Court of Garland County, Arkansas

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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Georgia Lawrence (“Lawrence”) filed a September 20th Complaint in the Circuit Court of Garland County, Arkansas against Strategic Home Inspection, LLC (“SHI”) and Hamilton Wilson (“Wilson”) alleging certain causes of action in relation to the purchase of a residence (“Home”). See Case No. 36CV-24-1195.

The Complaint addresses an allegation that Lawrence purchased a Home that had suffered mold infestation without it being disclosed and/or discovered.

Lawrence states that she purchased a Home in Hot Springs Village, Arkansas in 2023.

Wilson is described as her real estate agent:

…responsible for advising Plaintiff, arranging necessary inspections, and assisting in the transaction as reflected in Exhibit One.

SHI is described as being engaged:

…to conduct a thorough inspection of the Home prior to closing.

The Complaint alleges that Lawrence noticed a strong, unpleasant odor upon moving into the Home. It further alleges that:

  • Significant mold growth is in various areas of the Home including but not limited to the kitchen and crawl space.
  • Health-related issues were experienced by the homebuyer.
  • Additional mold inspections were performed by Atoka, Inc. and Steamatic-Rugs and Restoration which confirmed mold growth.
  • The Home is uninhabitable until remediation is completed.
  • A rebuild and remodel of the kitchen will have to be undertaken due to the mold damage.
  • Medical treatment and incurred related expenses due to respiratory and other health issues linked to mold infestation.

The Complaint alleges the following Causes of Action against SHI:

  • Breach of contract.
  • Negligence.

The Complaint alleges the following Cause of Action against Wilson:

  • Negligence.

Damages requested in the Complaint include:

  1. Cost to remediate mold and repair the home.
  2. Medical expenses due to respiratory and related health issues caused by mold exposure.
  3. Diminution in the value of the Home.
  4. Out-of-pocket expenses incurred in investigating and addressing the mold issues.
  5. Attorney’s fees.
  6. Emotional and mental distress and suffering.

A copy of the Complaint can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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