Ohio Court Vacates Sale of Foreclosed Property for Undisclosed Mold History

DAYTON, Ohio - The doctrine of caveat emptor - buyer beware - doesn't apply to the sale of a foreclosed home where the buyer wasn't allowed an interior inspection and the seller didn't disclose prior mold contamination, an Ohio appellate court affirmed April 23. Huntington National Bank v. Burch, No. 2003-CA-52. (Ohio App., Clark Cty.).

The Court of Appeals for Clark County, Ohio, affirmed an order vacating a home sale by Huntington National Bank, which acquired the house through foreclosure.

Robert L. Burton complained after the auction that the property was a health hazard because of mold contamination, and …