Hoodwinked Homeowner Wins $23,000 in Toxic Mold Suit

By Monica Galvan

Published on June 12, 2007

Kristine Choma reached a settlement with Realtor Kenneth Yearsley, who agreed to pay $1,000 in compensation but admits to no wrongdoing in the sale of the Brunswick home. Choma and her daughter were forced to abandon the house, which was purchased for $105,000, after becoming sick from toxic mold exposure.

Choma said that an inspector she hired after she purchased the property identified a leak in the roof that resulted in mold growth and the gradual contamination of Choma’s furniture and other possessions with the toxic spores. The suit cited a report by Framingham Associates of Delmar, filed before Choma’s purchase of the property, which noted the leaky roof and the home’s crumbling foundation – findings that discouraged other buyers from purchasing the house.

The inspector Choma hired to examine the house before she bought it did not notice the roof leak that led to the mold infestation.

Yearsley denies liability in this case but agreed to pay $1,000 to avoid the cost of litigation. The remaining $22,000 of the settlement will come from Yearsley’s former broker, Capitol Home Inspections, LLC, and the Realtor’s insurance companies.

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