Ten Tips To Avoid Mold
Problems and Lawsuits in Selling and Buying Real Estate
January 31, 2005 — By
Phillip Fry
LONDON, ENGLAND. Mold Inspector Laboratory
International, Ltd. recommends that real estate sellers and buyers in the
UK, USA, Canada, and worldwide follow ten steps to avoid mold problems and
lawsuits in selling and buying real estate.
1. A property owner should not offer the
property for sale, or list it for sale with a Realtor® or other real
estate agent, 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. The property mold inspection should include
a complete physical examination of the basement, crawl space, attic,
garage, heating/cooling equipment and ducts, and all rooms for both
visible signs of water damage and mold growth, and, in areas with previous
floods or leaks, fiber optics inspection inside water-penetrated surfaces
for hidden mold infestations.
3. Mold testing should include the collection
of mold samples from each area having a visible mold growth, with mold
laboratory analysis and mold species identification of such collected
samples.
4. In addition, the mold inspector or owner
should conduct a mold air test of each room and area of the building,
including the outward airflow from each heating/cooling duct register for
the possible presence of elevated levels of airborne mold spores, in
comparison to an outdoor mold control test.
5. If visible or hidden mold problems are
discovered, the owner 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.
6. 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.
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. This mold disclosure should be a referenced attachment to the
real estate sales contract so that the buyer acknowledges receipt thereof.
8. If the property for sale is a residential
property (home, condominium, co-op, duplex, or apartments), the seller
should order and provide to prospective buyers the insurance industry
C.L.U.E. (Comprehensive Loss Underwriting Exchange) Property Report that
provides a five-year insurance loss history for a given address.
9. The real estate sales contract should
include a lawyer-written environmental inspection clause that grants at
least a 14 to 21 day inspection period, during which the buyer can hire a
Certified Mold Inspector, Certified Environmental Hygienist, and/or home
inspector to inspect and test thoroughly the property for mold or other
environmental threats.
10. In consideration of the seller’s honest
disclosures and the buyer’s full opportunity to inspect and test the
property thoroughly and carefully, the sales contract should include a
lawyer-written provision that the real estate property is being sold “as
is” with no implied or expressed warranties as to the physical condition
of the property.
For more mold inspection,
testing, and remediation information, please visit:
Contact: Phillip
Fry, author
Phone: (063)
906-510-4000
Email:
envirodangers@yahoo.com
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