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
> 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
>> 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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