Buyers Unsuccessfully Appeal Summary Judgment in Case of 'As Is' Moldy Home Sale

HOUSTON - The buyers of a home that was later discovered to suffer from leaks, plumbing problems and "toxic" mold were unsuccessful in their appeal of summary judgment, which had been granted in favor of the home sellers. Jimmy and Hillary Bynum, et al., appellants, v. Prudential Residential Services, et al., appellees, No. 01-02-00747-CV (Texas Ct. App., 1st Dist., Houston).

According to an Oct. 30 opinion issued by Texas' First District Court of Appeals in Houston, the "as is" clause included in the sale contract was valid and precluded the buyers' claims against the sellers. Therefore, the appeals court affirmed …