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Landlords Disclosure Mold Law California
Questions About California
Law Mold Disclosure
Q.
I live in Fresno, California and I have found a home that I like, but am
worried about the mold growing on the outside of the house--it is in the
rain gutters, along the bottom of the house, on the fence, and on some
parts of the roof. I am guessing (hoping) that the mold is caused because
the sprinklers are broken and causing flooding. The mold on the roof is
due to the rain gutters that have not been properly cleaned. First, what
questions do I need to ask the seller to determine if the house has been
flooded and second, with the new California law, is the seller required to
test and remove the mold as a part of the purchase? Thanks in advance for
your help and thank you for the website--it has very clear answers and
help to my questions. [Feb. 16, 2002]
A. First, send a certified letter to the seller and realtor asking both about
the water damage and mold damage history of the house in question,
and ask for a copy of the home's C.L.U.E. report of insurance claims made
against the house for water or mold problems for the previous five years.
CLUE is an insurance industry database used to decline home for coverage
or to charge far higher premiums if the house has a history of a water or
mold insurance claim. They
both have a legal obligation to disclose what they may know about the
property's history as to any material home defect including past and
present water problems and
mold problems. Second, in the same letter ask
for at least a two or three week extension in the closing date of the sale
to enable you do
environmental testing of the home under contract. Third,
at your expense have the home inspected and tested for mold problems. For testing suggestions, please visit: Mold
Testing.
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Whether or not
you are a mold victim, or a present or future mold plaintiff or mold
defendant, the Mold Legal
Guide will help you and your lawyer to deal with and to survive
financially the immense and complicated legal problems arising from mold
issues that are commonly arising in today's lawsuit-crazy world in such
business relationships as: landlord and tenant, employer and employee,
property seller and buyer, realtor/real estate agent and seller or
buyer, mortgage lender and debtor, home builder and buyer, and
contractor and customer. Please visit:
Mold Legal Guide.
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