Caveat Emptor Precludes Recovery When Mold Damage Discovered After House Purchase

HAMILTON, Ohio - An appellate court affirmed a trial court's ruling that caveat emptor precludes recovery in an action filed by the purchaser of a house found, after purchase, to be suffering from water leaks and mold damage. Julie D. Bryant, Plaintiff-Appellant, v. Gary Bulach, et al., Defendants-Appellees, Nos. CA2002-01-023 and CA2002-06-137 (Ohio Ct. App., 12th App. Dist., Butler Cty.).

According to the March 31 opinion, caveat emptor precludes recovery in structural defect cases in the absence of fraud where the condition complained of is open to observation or discoverable upon reasonable inspection, and the purchaser had unimpeded opportunity to …