Ten Tips To Avoid Mold Problems and Lawsuits in
Selling and Buying Real Estate
by Phillip Fry
Mold Inspector Laboratory
International, Ltd. recommends that real estate sellers,
buyers, and real estate agents/brokers, in the UK, USA, Canada,
and worldwide, follow
ten steps to avoid mold problems and lawsuits in the selling
and buying of real estate properties.
1. A property owner should not even offer the property
for sale, or list it for sale with a Realtor® or other real
estate agent/broker, until after a thorough mold inspection and
mold testing of the home, rental property, or commercial
property. Hire a Certified Mold Inspector (USA and Canada), or
use a do-it-yourself mold inspection checklist and mold test
kits.
2. If the owner discovers visible or hidden mold problems, he
should do safe and effective mold removal and remediation prior
to offering the property for sale. Hire a Certified Mold
Remediator (USA and Canada), or follow the recommended steps
for safe and effective do-it-yourself mold remediation.
Re-inspect and re-test the building after remediation.
3. The owner should avoid hiding or camouflaging mold problems
by deceptions such as painting over mold growth; concealing
mold growth behind stored items, furniture, furnishings, and
decorations; and masking the distinctive smell of mold growth
with air fresheners and deodorizers. The smell of mold is from
the digestive gases of the mold eating the building
materials.
4. The real estate sales contract should include an
environmental inspection clause that grants at least a 14 to 21
day inspection period. The buyer should hire an independent
inspector such as a Certified Mold Inspector, Certified
Environmental Hygienist, industrial hygienist, and/or home
inspector with mold expertise to inspect and test thoroughly
the property for mold and other environmental dangers.
5. The mold inspector or the buyer himself should do an
all-around physical examination of the building for both
visible and hidden signs of water damage and mold growth. In
addition, the inspector or the buyer should mold test the air
and visible mold growths in all rooms, the basement, crawl
space, attic, garage, plus the outward airflow from each
heating/cooling duct register.
6. Mold testing requires mold laboratory analysis and mold
species identification of the collected mold and air samples.
In building locations with previous floods or leaks, the
examination should also include fiber optics inspection to look
inside water-penetrated surfaces for hidden mold
infestations.
7. The seller should disclose in writing to all prospective
buyers any previous or present building water and mold
problems, and what the owner has done, if anything, to correct
such problems. These water damage and mold disclosures should
be attached to the real estate sales contract so that the buyer
acknowledges receipt thereof.
8. If the property for sale is a USA residential property
(home, condominium, co-op apartment), the seller should order
ahead of time and provide to all prospective buyers the
insurance industry’s C.L.U.E. (Comprehensive Loss Underwriting
Exchange) Property Report that provides a five-year insurance
loss history for a given address.
Every U.S.A. homeowner insurance claim inquiry or loss report
by a homeowner (even including those that do not result in any
loss payment) goes into the C.L.U.E. database. In some states
(including California) it is becoming standard for sellers to
provide Realtors® with a copy of the C.L.U.E. report up front
so that there are no unpleasant surprises at closing or
afterwards.
9. In consideration of the seller’s accurate and complete mold
disclosure, and the buyer’s full and unrestricted opportunity
to inspect and test the property thoroughly and carefully, the
sales contract may include a seller’s requirement that the real
estate property is being sold “as is” with no implied or
express warranties as to the physical, mold, and environmental
condition of the property.
10. Similarly, the sales contract may also include a
seller-requested clause that releases the seller, lender, and
real estate agent/broker from all mold liability to the buyer.
This release of liability should be contingent on the accuracy
and completeness of the provided details in the seller’s
written mold disclosure and on the buyer’s full and
unrestricted right to do mold inspection and mold testing prior
to completing the property purchase.
For more mold inspection, testing, and remediation information,
please visit:
http://www.certifiedmoldinspectors.com
http://www.moldinspection.com
http://www.moldinspector.com/mold_removal.htm
http://www.bleach-mold-myth.com
http://www.moldmart.net
http://www.ecology-college.com
http://www.mold.ph
About the author:
Author Phillip Fry is a Certified Mold Inspector, Certified
Mold Remediator, Certified Environmental Inspector, and author
of the mold books Mold Health Guide, Mold Legal Guide, and
Do-It-Best-Yourself Mold Prevention, Inspection, Testing, and
Remediation
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