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Mold Legal Claims

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What Real Estate Sellers Must Disclose to Buyers About

Present and Past Water Damage and Mold Problems

"If a 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.

Some 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 and removal.

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 Certified Mold Inspector and Certified 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 phil@moldinspector.com or phone Phillip 1-480-310-7970.
 

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