Verdict: $125,000 in mold lawsuit

The Post and Courier - Charleston, SC
By Prentiss Findlay

A Berkeley County jury has returned a verdict of $50,000 in actual damages and $75,000 in punitive damages against Prudential Carolina Real Estate because an agent allegedly sold residential property without disclosing that it had a toxic mold problem, plaintiff's attorney Daniel Martin said Monday.

Prudential Carolina attorney Michael Scarafile said post-trial motions have yet to be heard by trial Judge Roger Young, so the verdict is not finalized. "This matter is not concluded at the trial court level," Scarafile said.

At issue in the trial was whether Prudential Carolina should have provided two mold reports on the property to the buyers, Scarafile said. He said an offer was made to remedy the mold problem but it was rejected.

Dana E. Winters and Daniella C. Winters filed suit against Prudential Carolina Real Estate and agent Barbara Daniels in Berkeley County. The verdict was returned last Wednesday, Martin said. The suit sought $1.5 million in damages. Daniels did not return a call seeking comment.

The Winters bought property at 2105 Live Oak Drive in Moncks Corner in 2005 for $110,000. It included a house and a store. The store is now a bike shop. They intended to renovate the home and offer it for rent but the Winters discovered it had a black mold problem. The suit alleged that the defendants knew or should have known about the mold problem and failed to disclose the information before the sale.

"She (Daniels) knew about the mold problem and she didn't tell us," Daniella Winters said. Scarafile said the property was sold under an "as is" contract with buyer acknowledgement of the presence of mold in the house.

"They had to abandon the house. They're still paying the mortgage on it," Martin said.

Daniella Winters said that a woman who had an earlier contract to buy the property told them that the house had a problem with toxic black mold. The woman told the Winters about the mold issue after they bought the property, Daniella Winters said.

Another Berkeley County court case involving household mold is pending. A Daniel Island family who fled their home after receiving mold test results has sued builder D.R. Horton Inc., alleging negligence resulting in permanent and life-threatening physical injuries. An attorney for Benjamin and Joy Allen filed the lawsuit alleging that substandard construction led to water intrusion and mold that seriously affected their health and that of their 3-year-old daughter.

The Winters' lawsuit does not allege detrimental health effects because of an undisclosed mold problem at the house on the property they purchased.

(source article)