When you finally get to move into your new home, it's only natural that you'll be excited! But that excitement can die quickly when you discover that what you thought was the perfect home actually has a mold problem. Whether it's mold in the basement or mold behind a bathroom wall, its presence is concerning since mold can cause health problems like respiratory difficulties and diarrhea.

But who is at fault here, and what should you do? Is the old homeowner to blame since they did not tell you the home had mold? Is this your building inspector's fault because they didn't detect it? Is this problem completely on you? Before you get too overwhelmed and worried, follow these steps to correct the problem and ensure blame is placed where it truly lies.

Step 1: Have the mold examined by a pro.

The first thing you should do is hire a mold remediation contractor to come take a look at the mold. They might find that the mold is just being caused by a small plumbing leak or tiny crack in the home's wall. They should be able to tell you if this is a relatively new problem (that could have arisen in the last week or two), or one that the old homeowner was clearly aware of and trying to cover up.

If the damage is minimal and all it will take to fix is a new sheet of drywall and an hour of plumbing repair, you may just want to have it fixed and move on. However, if the damage is substantial and will cost you thousands of dollars -- or if the mold contractor agrees this was an ongoing issue that was hidden from you at the time of sale -- you should follow through with the remaining steps on this list.

Step 2: Contact your building inspector.

Hopefully, you had an inspector look over the home before you bought it. If they failed to say anything about the mold, then they either missed it or they purposely avoided telling you (perhaps because they had an agreement with the seller). Either way, they could be held liable for the damage, since your decision to buy the home hinged on their apparently misleading report.

Look back over the inspector's report, and make sure it does not mention anything about mold. Then contact the inspector directly. Explain your situation, and give them the chance to make things right by accepting responsibility and offering to pay for the repairs. If they refuse to do so, move on to the next step.

3. Contact a real estate attorney.

Do not contact the old homeowner directly, and do not contact your realtor, either. Saying the wrong thing to the wrong person could later come back and sabotage your case -- if you end up filing one. At this point, your best option is to contact a real estate attorney, tell them your story, and let them handle all communications from here on out. 

Your attorney will want copies of your home inspection reports, pictures of the current mold situation, and copies of all contracts you signed in the sale of the home. They will look into the situation and determine how likely it is that the previous homeowner was aware of the mold and hid it from you -- or that the building inspector was negligent in failing to detect the mold. Based on their findings, they may suggest you file a lawsuit against the old owner, inspector, or both in order to recover the funds needed to repair your home.

Keep in mind that, in most cases, mold can be eradicated from homes with a combination or moisture removal methods, plumbing repairs, and perhaps foundation repairs. But since this can be quite costly, it's worth your while to have an attorney, such as those at Hornthal Riley Ellis & Maland LLP, work to ensure the truly responsible party covers these costs.