Chinese Drywall - Not Always Being Disclosed

Sun-Sentinel wrote and published my story about my situation regarding "Sellers, Realtors & Home Inspectors conspiring to sale properties with tainted Chinese drywall and failing to disclose it.

http://www.sun-sentinel.com/business/fl-chinese-drywall-homebuying-20120111,0,5349972.story

I have filed lawsuits against the sellers, and will be filing against the Realtors, agents, and home inspectors soon. My family and young son are constantly being exposed to reactive sulfur gases resulting from this Chinese drywall problem and suffering from many symptoms which include; headaches, coughing, running noses, nausea and shortness of breath. 

I have been a victim of Fraud by the sellers of the property I purchased in 03/2011 in Doral, FL. The home was built 90% with Knauf Chinese Drywall from China and it was never disclosed to me, and we never received the Chinese Drywall Addendum. I even paid $15,000 above Market value for the property. As of 2009, the National Association of Realtors in Florida established a "Chinese Drywall Addendum" to be implemented on home sale of properties built after 2004 due to the problem. This form was never provided or included on our contract. Also, after looking through our buyer/seller contract I noticed on the sellers disclosure where it specifically states "Evironmental" Chinese drywall or corrosion etc they checked everything NO!

1.       Sellers (Previous owners) are State of Florida Licensed Realtor and acted as the selling agent and received a commission on this transaction.

2.       Sellers (Previous owners) lived in the home from 03/2008 – 03/2011.

3.       The property was listed with Keyes Realty for 8 months before it was removed and re-listed by the Sellers (Previous owners) realty company employer (Brokers, LLC).

4.       Neighbor states that (Previous owners / sellers) approached them inquiring if their home smelled like rotten eggs or a foul smell (a year ago) before I purchased the property. Both homes were built by same builder and are identical properties, built in the same time in 2007.

5.       Sellers (Previous owners) had air fresheners / candles in every room of the house when we went to look at the property. 

I have no doubt everyone involved in this transaction conspired with one another to not disclose the toxic Chinese drywall to get deal done. The home inspector was referred to me by my realtor. After taking a look at all the documents here is what I found:

1- My Realtor (Keyes) - 22 years of real estate experience in the Doral/Miami area, is also a Certified Distress Property Expert. I was told by a Keyes Sales Manager that As a licensed real estate brokerage regulated under Ch. 475 of the Florida Statutes, all of Keyes sales licensees are required to complete and maintain ongoing education as prescribed and regulated by the State of Florida. All of this coursework must be completed through a Florida license real estate school. One of the required training topics of this education, as required by the state approved syllabus, is defective/Chinese drywall. Keyes monitors ALL of their sales associates for compliance of these state regulated education requirements. Additionally, any disclosure changes or updates are communicated in a timely manner to all of Keyes associates at office meetings and via internal communications throughout the year-as necessary. 

2- Home inspector - He was referred to me by our Realtor from Keyes. His Company (Home Inspections Halley Inc) was established in 2005, clearly at the time when the Chinese drywall situation was going on (2004 - 2007). Moreover, he advertises on his website and adds that they are InterNACHI certified and inspects for Chinese drywall. InterNACHI front-ends many of its membership requirements and requires that its members take many other courses soon after joining.  In other words, all of their members must fulfill membership requirements before they can apply for membership. On his inspection report of my property, he took pictures of the AC & water heater, electrical wiring where it clearly shows the signs of Chinese drywall (air conditioning coils and other copper-bearing materials) copper should be color of copper and not black corroded.

Now, we are unable to live in the home because we are getting sick. I have a 3 year old son. We can’t sell it because its toxic and we have to move and rent out another home and can’t afford to pay mortgage on this toxic home and rent at the same time. We are in a no win situation. We will probably face foreclosure and our credit will be destroyed.  I wanted to reach out to your organization so see if you would like publish OUR story. If so, feel free to contact me. I want to warn others in Florida of this growing problem that will affect many people if we don’t put a story out there about whats going on.  

Thank you,

Elcio Pacheco Jr.