Eileen discovered mold after tearing down a wall; which statement about this is true?

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The situation regarding Eileen discovering mold after tearing down a wall can be best understood by recognizing the nature of latent defects. A latent defect is a problem that is not readily observable or discoverable upon a reasonable inspection of the property. In this context, mold that exists behind a wall would typically be considered a latent defect because it is not visible until the wall has been removed.

In Maine, and in many jurisdictions, sellers are required to disclose known material defects that are not easily observable. However, if the mold was not known to the seller or was not visible during the usual inspection process, it may not be classified as a defect that requires disclosure. Therefore, since the mold was hidden and subsequently discovered only through the demolition process, it supports the idea that this situation typically does not obligate the seller to disclose the presence of the mold prior to its discovery.

While there are varying interpretations and specific regulations that can impact disclosure laws, the classification of the mold as a latent defect in this scenario aligns with the understanding that it was not an obligation for the seller to disclose something that was not visible to them or could not have been reasonably discovered during a typical inspection phase.

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