Family Faces Repairs from Mold Damage in Home

December 13, 2005 -- Posted at 4:28 p.m. CST


JONESBORO, AR -- At the first of December we told you about a family in Region 8 whose dream home is destroyed by an infestation of mold.  The family's health has deteriorated since they moved in.  And because they did purchase the home, they're stuck with it.


“We're afraid of it, Brandi, to be perfectly honest with you.  We don't want it, our kids don't want to be here.  It’s just all been destroyed.  We just what what's best for our kids,” said James Toney.


Crystal and James Toney have lived in this home in Paragould for two months.  And since moving in have discovered their ''first home'' is not one they want to live in.


The Toney's did not have the home inspected before making the purchase, not realizing having that inspection could have foretold the future they would face in the home.  “It's not about the home inspection anymore.  It's about the frustration of parents that knowing their kids are living in this home like this,” said Toney.


The Toney’s say the health of the children has deteriorated since they moved in.  “The children have been coughing and really, really stopped up and their sinuses and everything have just been really messed up since we moved into this home… and it's not getting any better,” said Toney.


“Our kids lives shouldn't be put in jeopardy,” said Crystal Toney, “It's like telling your kids to go in the middle of the road and play in traffic.”


“No one's going to step up to the plate willingly without us having to legally force someone to do something.  What we would hope to do now, Brandi, is with liberty bank has been generous enough to set up a fund for us,” said James Toney.


That fund is called the “Home Repair for Mold Damage” fund and you can make a donation to that fund at any Liberty Bank branch.


“Hopefully we can get enough money to repair the home and put it back on the market and sell it,” said Toney.


“We can’t sell it because we have to honestly disclose the damage.  You know, it's way below the appraisal now.  You can’t sell a home unless it's worth what you paid for it,” said Toney.


The Toney's have a signed affidavit from their selling agent that says he didn't know about the extent of the damage in the home, and will testify on the Toney's behalf if their case goes to court.