Need Help with Mold Remediation and Legal Fees for Breach of Contract Claim

Hi.Thanks for taking the time to read our story. I hope you will consider donating. We just want a healthy home and time is of the essence.

We are looking for help with our legal fees and home repairs due to mold in our house. I know that we have a good chance of winning our case. It will most likely include an award of legal fees and payment for all the repairs. I am not looking to profit from my GoGetFunding campaign. Should we win our case, and all our expenses (legal, mold remediation, repairs, etc.) are paid, we will set up a fund that will be used to fund other campaigns on GoGetFunding. Pay It Forward, Giving Back – call it what you will. We need help and it’s a temporary but urgent need. Please help us.

I realize the following is a lot of detailed information. I just want you to know that we have tried everything short of a lawsuit to fix the problem.

In September 2018, we moved to Texas from Georgia. We found what we thought was our “dream” home.The biggest plus was that we thought there was no mold because we had dealt with mold in our house in Georgia and didn’t want to go through that again. Unfortunately, it wasn’t until after we moved in that we discovered undisclosed issues in our house. We moved into the house on 9/14/2018 and it rained on 9/15 – inside four windows and under one exterior door into the master bedroom and closet.

We called our realtor (after the sale so she wasn’t interested in helping figure it out).We call our mortgage company.They said call the insurance company.We called our insurance company and filed a claim.The claim was denied because it was considered caused by wind driven rain which was an exclusion on our policy.

Although the home inspection did not mention any damage that would indicate water infiltration into the house, it had obviously been coming through the window headers for some time. On closer inspection, the sellers had caulked and painted over the damage. Although we knew the master bedroom door had some damage at the lock due to break-in, the seller never disclosed that the door was leaking at the floor.

Once our insurance claim was denied, we thought we would just have to fix it ourselves. We did DIY mold tests and found that several of the rooms in our house showed a high level of mold so we mold bombed the house. A recommended brick mason came out to inspect the brick. According to him, the brick and mortar needed to be sealed but there were no structural problems. Had a roofing company inspect our roof – no issues. We fixed all the places in the mortar that might be a problem – it only fixed the leak in one window.

We started running extra air cleaners in the house and changing our HVAC air filter once a month. Although this has helped some, we are still suffering some serious health issues because of the mold (respiratory distress, cardiac arrhythmias, and more.

The sellers had not disclosed any problems with water infiltration or hazardous environments in the house.

Between September 2018 and August 2019 – our house got struck by lightning and our HVAC unit was damaged and we had to replace our well tank and well pump. In the process of repairing the well components, we discovered that there was a septic drain field near our well. Again, something the seller did not disclose.

In August 2019, someone brought to our attention that, in Texas, there is something called the DTPA (Deceptive Trade Practices Consumer Protection Act).I contacted several attorneys who said we have a great case. Consulted with one attorney who said we needed to get an official mold inspection, along with estimates to get the process started. We were finally able to afford the mold assessment in July 2020. Ultimately, we chose another attorney to represent us due to his experience. He feels like we have a good DTPA claim in addition to breach of contract and negligence claims.

Our problem – all the upfront costs to get this resolved. The legal retainer is $2,500 and we need to get it paid by 7/30/2020 in order to start working on the case. He needs to send a demand letter and file the petition by 8/10 in order to meet the statute of limitations and notice requirements. He has estimated the legal fees will be between $40,000 and $50,000. To get the mold remediation done, reconstruction completed, and the septic field moved away from the well is going to cost $25,000 (at a minimum). We. Don’t. Have. That. Money. We hate that we have to pay for all this when we haven’t done anything wrong.

As I said in the beginning, we need the help immediately to pay the retainer and will need ongoing funds to pay for the legal fees, mold remediation and home repairs. It is urgent because of the statute of limitation on the DTPA claim.

I hope you will consider our case and make a donation. Thank you and God Bless You for reading through our story and possibly making a donation to our cause.