Real Estate and Mold Problems
Mold Questions & Answers 
 
        Q. I had an inspection done on a house and it revealed a minor mold problem due to a water leak. The house has been vacant for over one year. There was mold found in a few places under the house including the air duck vents and under the kitchen sink (location of water leak). The inspector insured me that this was a very minor mold problem and the owner could easily take care of the mold. My question is: if the mold has been cleaned and the air duct system cleaned and sanitized and the house re-inspected should there still be a mold test done? What are the legal obligations of the owner? If there is not a mold test done can the owner still be liable for mold issues if the buyer is aware of the mold problem and still agrees to buy the house? [Nov. 4, 2004]
        A. For legal help about your particular factual situation, you should consult with a local real estate attorney. We are only mold experts. In general, it is wise for owners to disclose all mold problems known by the owner to prospective buyers and tenants, and to encourage the prospective buyers and tenants to do their own mold testing [e.g., hire a Certified Mold Inspector]. With those guidelines as a foundation, your attorney could draft into the sales or rental agreement that the buyer or tenant is aware of the mold problem, and that the buyer assumes all responsibility for any additional mold inspection, testing, and remediation that the buyer wishes to do, or needs to be done, from the real estate closing date onward. Most mold remediators do an inferior job of mold remediation. Learn the 20 steps required for safe and effective mold remediation at Mold Removal 

       Q. In Dec., 2003, my husband discovered a black patch in the corner of the ceiling in our bedroom where it appeared that the roof was starting to cave in after a heavy rain storm. We notified our landlord of this problem and did not receive any response until March of 2004, when the property went into escrow, and he wanted to wash the spot away with some bleach and water before a home inspector showed up the next day. I asked him to have a certified mold inspector test the mold before tying to clean it because my family and I have had severe allergies and symptoms similar to the flu since moving into the property. I am also currently 8 months pregnant (5 months at the time), and was told that if the mold is toxic, it could be fatal to my baby. He refused at first, then said that he would.  After the tests came back, our landlord notified me that our bedroom needed to be vacated and sealed off for repairs. The room was sealed off with plastic and there was a generator of some type in there- blowing stuff out of one of the bedroom windows. We were not told what was being done or why. When I requested a copy of the mold inspection so that I had an idea of what we were dealing with- I kept getting the run around. Three weeks later, the equipment was removed. We looked inside to see that a section of the ceiling had been removed and it didn't look like much more than that had been done. I returned home a few days later to find that the room had been sealed off a second time. When I asked what was going on, I was told nothing. Finally, after a month, I received a copy of the report from the landlord. It states that the mold in our home is Stachybotrys chartarum. I am wondering now if it is safe for my family to be living in the home while these repairs are in progress, and if this can have any affect on my unborn baby. I was told once a clearance has been issued- we shouldn't have anything to worry about regarding our current symptoms (meaning they should go away). I'm wondering if there is any truth to this or if I am again "getting the run around"? Is there anything that I can do to protect myself and my family in regards to this matter? Is there any legal recourse we can take for the damage it has already caused my family? May 13, 2004.
       A. Stachy [Stachybotrys] is the most dangerous of all molds. It easily causes brain damage and many other serious health problems to occupants including fetus of a pregnant resident. You should never have been required to live in the apartment during mold remediation, because mold remediation disturbs mold colonies and fills the air with airborne mold spores. If you mold test your entire apartment and the outward air flow from each heating/cooling duct register, you will discover that your entire apartment has been mold cross-contaminated from the mold problem in the one bedroom.. You should get immediate medical advice from a neurologist [possible brain damage from Stachy] and a pulmonary physician [lung doctor]. Learn what should have been done for mold remediation [much more than was actually done] after you had been moved to a mold-safe place and after mold decontamination of your clothing and personal property by visiting: Mold Removal. Learn about landlord mold liability at Landlord Mold Liability  You should also read carefully the in depth book, 311 pages Mold Legal Guide. Document the mold health threat in your rental by using our do it yourself mold test kits. Your first mold investigative step is to use do it yourself mold test kits available from a large hardware, home improvement, or safety store. [self observation of results over a 5 to 7 day time period, or send in for mold lab analysis] to mold test the air of each room, attic, basement, crawl space, and the outward air flow 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 which you should also do. If you see any visible mold growth, from each moldy area, scrape some of the mold particles into a separate mold test kit per testing location for observation over a 5 to 7 day time period, and/or for mold lab analysis. When scraping mold into a test kit, you would be wise to use a breathing air respirator [Home Depot or Lowe’s or a safety store] so that you don’t breathe in extra mold spores that you put into the air by scraping some mold-like substances into each mold test kit.   Mold test kits come with detailed use instructions to make your tests informative and helpful in mold problem diagnosis. You can also read online our copyrighted form “Self-Analysis & Interpretation of Visible Mold Growth in Do-It-Yourself Mold Test kits.”    

          Q. I am trying to find someone who can help us renters here in Huntington Beach deal with our landlord. My bathroom is full of mold by the shower, I tore off the wall the other night to discover it was covered in black mold and rust. I do not know what to do. I have been very sick with a really bad cough that will not ease up-I have seen my Dr three times for this problem, he thought it was allergies or a cold.....but it isn't getting better. Do you have any advice? [May 26, 2003]
        A. Your first step is to move out of the apartment so that you don't harm your and your family's health. When you are already experiencing health problems and you have already uncovered serious mold infestation, you need to get out. Don't move any of your personal property and clothing until you have first done mold decontamination in accordance with the standards and techniques explained in the ebook Mold Health Guide. Second, before you relinquish possession of the apartment have it thoroughly inspected and tested by a Certified Mold Inspector. If you cannot afford to have pro mold inspection, use do it yourself mold test kits available from a large hardware, home improvement, or safety store. Next you need to find out what legal rights you have against your landlord. Buy a one hour consultation with an environmental attorney in your area [Mold Attorney].
 
        Q. Just yesterday, we  had sewage water spilling into our condo.  We used a water vac that the condo association supplied and got up most of the standing water.  This was a major undertaking.  We started at 7:40 a.m. and didn't stop until 3:00 p.m.  We had water all through our bedroom, in our bathroom, down our hall.  We had to tear up our carpet and padding.  We have cement floors underneath.  We live in a basement unit.  We also had to tear up our new Pergo floor. Today, Sunday, we walked outside our front door and there was more standing water in the hall seeping into our unit. We were standing in the water all day yesterday to clean up the place.  The condo association tells us they will send in a sanitation crew. We have a cat and after reading the news article on Mr. McMahon, I am REALLY WORRIED about the cat's health and ours.  Can you please give us some advice on how to handle this situation. [May 17, 2003]
         A. Sewage contamination can cause both massive mold infestation and deadly biological contamination of your condo. Insist upon the following remediation steps, and get an environmental attorney if necessary to pursue your legal rights [ Mold Attorney ]. Any building materials such as walls, ceilings, and materials and timbers INSIDE your condo's walls that were wet for more than 24 hours can now be experiencing massive mold growth. You need to insist that that at least any wall areas that were flooded be stripped of drywall [strip at least 2 feet higher than the flood level]. All insulation in such exposed areas needs to be discarded. The wood timbers will have to be cleaned with either a power planer or with a wire brush attachment to an electric grinder. Then the cleaned out area, plus your concrete floors need to be sprayed at least twice with mold fungicide and then two coatings of antimicrobial coating. Both before and after such work your condo rooms' air and hvac duct air flow need to be tested for the presence of elevated airborne mold spores. Read mold removal instructions at: Mold Removal. Use do it yourself mold test kits available from a large hardware, home improvement, or safety store.

         Q. We recently had a home built and moved in about 2 months ago.  The top of the split level is completely finished but the daylight basement is just ruffed in.  It had been insulated after framing was completed, however.  My husband and I are now working on beginning to finish the basement.  While running some additional electrical wires we happened to pull back some of the insulation and discovered that the plywood was covered with mold.  It seems to be most prominent in the 2 north facing bedrooms.  We have not found any mold in the other areas of the basement.  There is no evidence of any leaks and the bedrooms are not even located under any of the plumbing.  Is there a possibility that some of the materials could have been wet when the insulation was put in?—this would have been about 4-5 months ago in November.  How fast would the mold have spread?  The mold is seems to be very dark green to black in color and I am concerned about various health issues.  Should we be concerned that there may be mold behind the drywall upstairs? I can’t believe that we are dealing with this problem already. We contacted our contractor immediately and he agreed to come take a look at it.  What would you recommend? [April 24, 2003]
         A. It is very possible that mold-contaminated building materials were used in the building of the home. It is also likely that the building materials got rained on while waiting to be used or during rough framing, especially since your house is not even closed in yet. Also high humidity [60%] at any time during the past construction period can drive mold growth. All of the mold contaminated building materials need to be removed, thrown away, and replaced with new, mold-free materials after the cleaned out area has been sprayed with 2 wet sprayings of mold fungicide and 2 wet sprayings of antimicrobial protective coating. The other areas you are concerned about can be viewed internally with the use of a fiber optics inspection device. It would be very wise for you to have your home carefully inspected and mold tested by a Certified Mold Inspector You should also visit the new home mold advice webpage: New Home Mold      
 
          Q. I recently purchased a town house in Florida and the building inspector never mentioned mold in his report or verbally.  I found black mold (large amounts) in three places (washer/dryer area), closet, and the bathroom.  I did contact him and his reply was the previous owner had stuff that he did not move to check.  I purchased the place in December and still haven't moved in.  I never could figure out what was making me sick until I read up about mold.  What should I do? [April 14, 2003]

         A. Your first step is to get at least a 30 day extension time period for your closing this purchase to enable you to arrange for your own mold inspection, testing, and obtaining mold remediation bids so that you will know the truth about the mold problem of the house in question. Second, hire a Certified Mold Inspector to do a very thorough mold inspection and mold testing of the entire home including all hvac [heating, ventilating, air conditioning] ducts and the hvac equipment itself. The $2,000 reduction in the purchase price for you to take care of the mold problem is totally inadequate to pay for the job which could run from many thousands of dollars to more than the house is worth, depending on whether the mold contamination has spread into ceilings and walls from the attic, and into hvac equipment and ducts. Yes, it would be advisable to replace the hvac equipment and ducts, but only after mold growth and mold spores have been removed from the entire home first. Mold remediators will seal off all of the return air ducts and supply air ducts during mold remediation so that the moldy hvac will not cross-contaminate the rest of the home as it is mold remediated. To know all of the steps required for effective and safe mold remediation, please visit: Mold Removal Mold will not grow back after effective mold remediation as long as there is no future water problem to drive mold growth. Preventing roof leaks, siding water intrusion, plumbing leaks, and high indoor humidity [above 50 to 60% humidity] are all essential to preventing future mold infestation. All mold present in your home needs to be removed. Good remediation leaves no resident mold [which can live millions of years in a dormant state waiting for future moisture to start growing again].

          Q. During our pre-purchase inspection last week, our inspector (who is also certified as a mold remediator) found mold growing on the joists under the house (especially under the sunken living room). In your experience what is the frequency of such growth also entering the space between the walls? There is evidence of repairs made to previous mold damage - so it has been cleaned once before. There are also water marks up to a foot high on the water heater. The homeowner disclosed a "previous moisture problem" that was repaired by installation of a sump pump (which she had placed outside of the home). Other than water marks under the house, and a need to re-grade part of the yard, there is no other indication of water damage to the home (nothing on the walls or in the attic). The interior of the house is spotless - it has not been lived in for the past 6 months, we've had unprecedented rains the
past 2 months, and there is no indication of growth in the bathrooms or kitchen. We are testing the mold colony to determine if there are toxic molds there. My husband has asthma, and we have a 2 year old son - so I am now uncertain of the wisdom in purchasing the house.[April 6, 2003]
          A. Mold growth in crawl spaces and on joists under homes can easily spread into the floors and walls above. With your husband's asthma condition, the present house mold problem, the evidence of mold remediation having been done in the past, and evidence of serious water problems in the past, it would probably be wise for you to find a mold-safe house to purchase. Please remember that a house with a mold problem history is difficult to re-sell, and that mold problems in the past must be disclosed to all prospective buyers should ever wish to re-sell this home in the future.

          Q. I have lived in a rental unit for a year and a half.  About 5 months ago discovered a pretty bad case of black mold in a room which was leaking severely. My landlady did not do anything about the issue until 2 months later, when she scrubbed the mold with a sponge and then painted over it and replaced the carpet. We are about to move and while removing books from the bookshelf that was against the wall in the adjacent room (my bedroom) I discovered that the mold was in the wall and had infested my book case and I happened to breathe it in (a musty and spore like smell). I now have asthma like symptoms and have had to get a prescription for an inhaler so that I can breathe at night.  I have a runny nose, I am constantly tired, and my lungs hurt, not to mention that I have pain in my shoulders and neck. I would like to get an inspector to come out here to check it out.  In live in Napa Valley, California. I have documented the case of mold since the very beginning when it was found.  The landlady did not seem to think that it was a big deal but i don't want to be afflicted by this for the rest of my life.[April 7, 2003]
           A. You should collect samples of the visible mold utilizing the Scotch tape lift tape method of mold sampling. You can also document possible elevated levels of airborne mold spores in the air using our do it yourself mold test kits. Use do it yourself mold test kits available from a large hardware, home improvement, or safety store.. If you would like your rental unit to be inspected and mold tested by a Certified Mold Inspector. Besides finding a mold-safe place to move to, it is important that you not move your clothing and personal possessions until they have been effectively and safely decontaminated of mold spores and mold growth. How to remove mold from all types of personal property is explained in detail in the ebook Do it yourself Mold Prevention, Inspection, Remediation, & Testing Guide. Once you have the lab proof of the mold contamination, you can consider hiring an attorney to represent you in regard to your health damage and damage to your personal property. Visit: Mold Attorney .

Read Mold Legal Guide as an in depth introduction to both sides of the key mold legal issues and of the essential claims and defenses in mold lawsuits.

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