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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Mold Legal Guide

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.