A couple who bought their first home last summer in Ossining claims that an inspection firm missed evidence of significant water damage and mold.
Max Applebaum and Dina Nusnbaum are demanding $250,000 from John Nicolai Home Inspections Inc., in a complaint filed March 19 in Westchester Supreme Court.
Nicolai, they claim, “failed to discover the issues that a reasonable home inspector would have discovered.”
John Nicolai was not immediately available to respond to the allegations.
The couple paid $975,000 for a 4-bedroom, 3-bath, 2,917-square-foot house on Croton Dam Road, according to the deed.
Before making the decision, the complaint states, they hired Nicolai’s Pleasantville firm on the recommendation of their realtor, Houlihan Lawrence Inc.
The property was inspected on April 26, according to the complaint, and the couple relied on the report in deciding to buy the house last July.
Last November they became concerned about odors emanating from the living room and basement, and they hired Clawback Environmental, Somers, to inspect the property.
(A Clawback report, dated March 15, states that the mold inspection was done on Aug. 2.)
Clawback found water damage, standing water, and signs of previous flooding in the basement, according to the complaint. Mold was detected in the basement, living room and behind a living room wall. Water on the flat roof was not draining properly. Dog urine had seeped through carpets and damaged the floorboards.
In December, water got through the siding and into the house, the couple claims. A contractor advised them to replace the siding, the complaint states, and another contractor allegedly discovered rotted wood and sheetrock under the siding.
Nicolai’s report lists several circumstances that can limit an inspection. The inspector, for example, will not move personal items to get a better view.
In this instance, no dampness was observed in the basement, the report states, but visibility was limited “due to extensive basement storage.” Signs of condensation were seen in the attic.
Nicolai recommended repair or replacement of exterior siding and trim on the studio and garage, installation of drainpipes on the roof; and plumbing work on slow drains.
Applebaum and Nusnbaum also claim that the previous homeowners concealed problems by placing stuff in the basement to hinder inspection, painting a living room wall to conceal mold, and using an air freshener machine to obscure the smells of mold and dog urine.
Houlihan Lawrence did not disclose that it had recommended inspections by Nicolai many times, according to the complaint, and the inspections had never “killed a deal.” Had they known of that record, the couple claims, they would have chosen a different inspector.
“We are confident in our business practices, Houlihan Lawrence spokesperson Dean Bender said, “and represent our buyer and seller clients with integrity.”
The couple says their homeowners insurance covered some of the damages. But their insurer refused to continue with them, and because of their insurance claim their new insurer charges a higher premium.
