FRIENDSWOOD – A Friendswood family has filed a lawsuit against a home inspection company, claiming that they purchased a home based on an inadequate mold inspection. They allege that the home later revealed a significant mold infestation, causing them significant health issues and extensive property damage.
Plaintiff Kyle and Kalli Hale, individually and as next friends of B.H., M.H. and W.H., minors, filed the lawsuit in the Galveston County Circuit Court against Inspectorman.com LLC, doing business as Bryan & Bryan Inspections, Moldfinder.com, Inc., and Rashid Ansari, citing negligence, breach of warranty, and violations of the Texas Deceptive Trade Practices Act (DTPA).
According to the lawsuit, Kyle and Kalli Hale purchased their Friendswood home from a seller who disclosed that he was in a lawsuit with the previous homeowner and home sellers regarding undisclosed flood damage to the home at the time of purchase. Based on this information, the Hales contacted Bryan & Bryan Inspections for recommendations for a mold detection expert to determine the presence of mold in the home. Bryan & Bryan referred the Hales to their affiliate Moldfinder.com and newly licensed mold inspector Rashid Ansari for the job.
The lawsuit states that after taking a single air sample of the home, Ansara allegedly declared the home to be in "normal" condition and free of mold. The Hales state that this declaration was instrumental in their decision to purchase the home, but later discovered that at the time of the test, Ansara was still relatively experienced, with only six months on the job. Indeed, the lawsuit states that the test conducted by Ansara was inadequate and that a later test, conducted after the Hales had already lived in the home for some time, showed the residence to be infested with mold.
The Hales state that while living in the home with an undetected mold infestation, they and their children began to experience worsening respiratory issues, including fatigue, coughing fits, and even behavioral issues with the children. They add that following the discovery of mold in the home, they had to demolish virtually all the walls and ceilings to remove the contamination.
The defendants allege that the defendants were negligent in their failure to conduct proper testing to detect the mold, failing to conduct additional testing beyond the single test conducted, and generally failing to comply with proper and recognized mold testing standards.
The plaintiffs are demanding a jury trial to seek damages in an amount exceeding $1,000,000 plus interest, court costs, attorneys fees, and any other relief the court deems proper. They are represented in this case by attorney Richard M. Grimes of Grimes & Fertitta, P.C., in Houston.
Galveston County Circuit Court case number 23-CV-1817