Agent

Real estate brokerage targeted in mold lawsuit

Did listing agent owe defect disclosure duty to home buyer's child?

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Maria Angelina Casteneda purchased a home from Michael Behnke. Coldwell Banker Residential was the listing broker. After Casteneda and her son Marcos moved into the house, they noticed a moldy smell in the kitchen and downstairs bathroom. An environmental test later revealed a dangerous level of mycotoxins and mold spores. The estimated cost of repairs to remove the mold was about $25,000. Purchase Bob Bruss reports online. The exposure to the mold caused Casteneda and her son Marcos to become ill, causing Marcos to develop asthma. Marcos sued the house seller, the seller's listing agent (Coldwell Banker) and others, alleging breach of duty to disclose home defects. He alleged negligence, nuisance, fraud, misrepresentation and concealment of a dangerous condition causing Marcos severe emotional distress. Real estate broker Coldwell Banker argued it had no legal duty to Marcos because he was not a party to the sales transaction. But the attorney for Marcos replied the real estate ...