Estate Sellers Must Disclose to Buyers About
Present and Past Water Damage and Mold Problems
house, condo, or other building for sale now has, or has had previously, a
leaky roof, plumbing leaks, siding leaks, a flooded basement or dampness,
water problems, mold anywhere inside or outside the home or building,
previous water damage restoration, and/or mold remediation or mold
removal, those present and past water and mold problems must be disclosed in
writing in advance by the real estate seller to prospective buyers," warns
Phillip Fry, webmaster for the website
Building Mold Inspection.
of the water and mold damage facts and history that need to be disclosed by
the seller to prospective buyers include, but are not limited to:
1. Detailed information on water intrusion or leaks in the roof, attic,
basement, crawl space, exterior siding and walls, interior walls, ceilings,
and heating and cooling equipment and ducts (HVAC), including precisely
where in the building such water problems occurred, when they occurred, what
was done to fix the water problems and any resulting water or mold damage,
and the names and full contact information of any water damage contractor,
roofer, air conditioning contractor, plumber, or other contractors and
workers who provided such water damage mitigation, repair, and restoration.
2. Detailed information on any existing or previous mold growth inside or
outside the building, including precisely where such mold problems occurred,
when they occurred, and what exactly was done and how in mold remediation
The details of the mold remediation work should contain the details of
precisely what was done, and how it was done, to: (a) contain the mold
growth during mold remediation to avoid mold cross contamination of the rest
of the building; (b) kill the mold; (c) remove the mold; and
(d) prevent future mold growth.
In addition, the seller should provide the names and material safety data
sheets (MSDS) of mold remediation chemicals used, plus the name and full
contact information of the mold remediation contractor doing the work, the
professional certifications of the individual mold workers (such as
Mold Inspector and
Mold Remediator) and
copies of all mold inspection reports, mold testing reports, mold lab
reports, mold remediation protocol plan, mold remediation reports, and mold
clearance test results (done after the completion of the mold remediation).
"No one gets out of these disclosures: Even those marketing a home "as is"
have to obey state disclosure laws," says Ilona Bray, real-estate attorney
and co-author of Nolo’s Essential Guide To Buying Your First Home.
"As-is sellers are simply advertising that they're not going to negotiate on
price because of these issues," advises Attorney Bray.
To make sure the home or building that you are buying has no hidden and
undisclosed mold or problems, you should select and hire a Certified Mold
Inspector in the
Mold Inspector Directory. For more help in dealing with mold problems,
you can email mold consultant Phillip Fry
email@example.com or phone Phillip 1-480-310-7970.