ILLINOIS COURT CONSIDERS RESCISSION AS A REMEDY FOR TOXIC-MOLD CONTAMINATED HOUSE DEAL

     According to the central Illinois publication Journal Star Online, there may be recourse even for a mold claim that has failed before a jury.

     Gerald and Caroline Stoddart bought a mold-contaminated house, had to move out, and then sued the seller and the broker for fraud.  The jury rejected the fraud claim.

     There appears to be no dispute that the house is uninhabitable due to the presence of mold. Given this fact, the Illinois State Court Judge presiding over the case has announced he will consider rescinding the original house purchase (made in 1999--six years ago).

     If the Judge does rescind the deal and gives the Stoddarts' back their 1999 purchase price ($68,500), both sides can be equally unhappy.  Rescission would not enable the Stoddarts' to recover on their claim of $114,000 for rent and living expenses associated with alternative housing over the years; and the seller would be getting back a deteriorating and mold-infested house which was abandoned years ago.

     Nonetheless, for the Stoddarts' rescission would be better than nothing-- which is what they have now.  The case provides a lesson in pleading a toxic-mold case--in addition to damage claims, counsel should consider asserting an equitable claim for rescission.

       The complete online article can be found at the link mentioned in the opening sentence above.

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