A Virginia Beach circuit judge ordered rescission of a contract to purchase a home after concluding that the seller had painted over mold to divert the buyers from making the inquiries a prudent person ought to make. The judge ordered $83,515 in restitution.
The Supreme Court of Virginia reversed and entered final judgment today for the seller. It was undisputed that a home inspector retained by the buyers found standing water and a mold line in the crawlspace of the home and notified the purchasers of the discovery.
The inspector told the buyers that he couldn’t complete his inspection until the problem with the standing water was remedied and advised them to contact him when that was done. Because they did not “pursue the inquiry diligently to the end,” the doctrine of caveat emptor applied even if there were acts of concealment by the seller, the court held.
The case is Turner v. Bay, Record No. 101239.