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    Re: Mauriice Murphy , 109,500 miles Bike to Work

    Posted by Sharon on 3/04/10


    I read mold litigation summaries all the time. There is no doubt alot of scammers in
    the remediation field. But, I have seen no cases of criminal activity by people
    putting wet towels, etc. to fabricate a mold claim. Perhaps you can enlighten us with
    evidence of this epidemic aka Urban Legend.

    Your citing to Sam Zell's Equity Residential as a definative source of accurate and
    scientific info over the mold issue, is pretty funny. Some day, I will let you in on
    the inside joke...."My Dear".

    On 3/03/10, Rem Dude wrote:
    > Right, in all your years as a remediation contractor and insurance investigator...
    > Just because you sit behind a computer stalking for a living, doesn’t mean you have
    > a clue about what happens in the field my dear. It is a common practice and it goes
    > on every day. Simply call up any large multi-family property owner like Equity
    > Residential out of Chicago and you will understand the folly of your statement.
    > Forming an opinion based upon “perception and plausibility” is the definition of
    > clueless.
    > RD
    > On 3/03/10, Sharon wrote:
    >> "In the early years there were individuals that would cook houses to
    >> rapidy develop mold conditions by soaking carpets, sealing doors, and
    >> walls. The litigation at that time was mold was gold. Fraud was being
    >> committed."
    >> I have NEVER seen documentation of a single lawsuit in which the above was proven
    >> to have occurred. I think the above is urban legend that was mass marketed to make
    >> the "innocent" insurance industry appear to be the victims of greedy, unscrupulous
    >> people. Is there documentation somewhere of a legal proceeding in which the above
    >> was proven to have occurred?
    >> On 3/02/10, Deborah wrote:
    >>> So if the owner fails to disclose known damages to a prospective renter who has
    >>> informed owner of pre-existing health conditions, some one has breached contract.
    >>> If damage occurs whilst the tenant is occupying it and the landlord refuses to
    >>> properly repair or remediate, the tenant can either pay out of pocket for repair
    >>> and seek reimbursement, perhaps having to litigate over it, or move out.
    >>> If the tenant is ill but unaware of defects in the premise causing the illness
    >>> their responsibility to inform the owner cannot be triggered. Only at the point of
    >>> knowledge of the defect does that begin.
    >>> Why are you now deviating into proscriptive periods and statutes of limitation?
    >>> On 3/02/10, johncodie wrote:
    >>>> Maintaing a property is the responsibility of the owner as is the failure to
    >>>> maintain or failure to inform of defects. The standard is higher if the
    >>>> property is put up for lease than if the owner uses it themselves; when it
    >>>> is put up for residential lease, there is an unspoken and implied warranty
    >>>> of habitability.
    >>>> There are two standards; and under the present laws the renter and the
    >>>> landlord are by law to establish a standard of occupancy that both are willing
    >>>> to abide. The renter has full right to inspection prior to occupancy, and
    >>>> testing as required. The renter has the right to make notice of deficiencies
    >>>> and amend deficienceis to accomodate. The renter is not forced to confinment
    >>>> as is a prisoner. The landlord is not forced to bring accomodations up to a
    >>>> renters standards of health. The law is clear that the dwelling does not have
    >>>> to be preceived as perfect; not is the minimum occupancy requirements
    >>>> limited. The key here is the two individuals are governed by a peer review.
    >>>> This makes litigation after a period of five years, or a single year for mold
    >>>> illness very difficult to win.
    >>>> The premis is mold is not gold, to harbor and keep safe, it is to abandon. A
    >>>> person that claims to have been gravely unknowingly affected to be able to
    >>>> explain why their alergic response upon first occupancy was not triggered.
    >>>> Don't expect a landlord to be a monitor of your health. You acquire the right
    >>>> to privacy even when ill. Once occupied you have assumed the partnership, of
    >>>> notification. "The Landlord is not forced to bring accomodations up to a
    >>>> renters standards of health once given the opportunity for inspection.

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