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If a seller knowingly conceals a material defect, such as mold, by painting over it, they may be liable for misrepresentation.
In Wisconsin, sellers are generally required to complete a Real Estate Condition Report, in which they disclose any known defects or issues with the property. If the seller intentionally withheld information about the mold or misrepresented its existence, they could potentially be held liable for misrepresentation.
Even if the seller did not complete a Condition Report, the act of hiding the mold may be considered a misrepresentation in itself.
To determine if the seller is liable for misrepresentation, consider the following factors:
Materiality: The mold issue should be considered material, meaning it has a significant impact on the value of the property or affects the health and safety of the occupants.
Seller's knowledge: The seller must have known about the mold issue and deliberately concealed it or failed to disclose it.
Reliance: The buyer must have relied on the seller's misrepresentation or nondisclosure when deciding to purchase the property.
Damages: The buyer must have suffered damages as a result of the seller's misrepresentation, such as costs to remediate the mold or repair any related damages.
If you believe the seller misrepresented the condition of the property by concealing the mold issue, it is essential to consult with a qualified attorney experienced in Wisconsin real estate law. They can help you understand your legal rights and determine the best course of action to address the situation.
Please note that this information is for general informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation and understand your legal options.