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.

How Real Estate Sellers Can Protect Themselves Against Buyer Mold Claims

         Q. As the seller of a home or other real estate property, how can I protect myself against buyer claims of mold problems or mold contamination in the purchased home or property?
         A. Mold Inspector Laboratory is not aware of any viable, worthwhile mold protection plans available. I can make a few suggestions. First, just prior to listing your home for sale or advertising your home for sale, you should have a Certified Mold Inspector do a complete physical inspection of your home for water problems and mold infestation problems with in depth testing of the air of your attic, basement, crawl space, all rooms, and heating, and air condition equipment/ducts for the possible presence of elevated levels of airborne mold spores, in comparison to an outdoor mold control test. You want a written report from the inspector as to his physical inspection and mold test results. If there are problem areas, find the sources of water and mold problems and take care of them safely and effectively----learn how by visiting: Mold Removal If there are no problems found, you could show that report to prospective buyers. Another strong suggestion is that you encourage your prospective buyers [and for the one who is the ultimate buyer, you include the request in your sales agreement] to pay for their own professional mold inspection and testing so that they can have independent evidence as to the existence or non-existence of a mold problem. Include in your lawyer-drafted sales agreement that the buyer has been encouraged to do such independent mold inspection and testing, with so many days to do so---at least 14 to 21 days to allow time to get mold lab results. Then require that the buyer sign a waiver that states that he or she has done such inspection and testing, or waives such right to inspection and testing, and that the buyer waives all future claims about any mold problems allegedly existing in the house at the time of the sale from you to the buyer. Legal forms that do all of the above are included in the Mold Legal Guide book.

         Q. In the state of Louisiana what is the law in regard to selling property that may have mold contamination? Who is responsible for cleaning up the situation, the seller or the buyer? [Sept. 25, 2004].

         A. You need to consult with a Louisiana real estate attorney to learn about Louisiana laws as to real estate seller mold liability. We are mold experts, but not licensed attorneys in Louisiana or anywhere else!!! In general, nationwide, if a seller and/or realtor know of an important property defect or problem like mold infestation, the seller and realtor are obligated to disclose such known problems to all prospective buyers. Whether a particular property is going to be mold inspected, tested, and remediated to a mold-safe condition, and who is going to pay for all of the above expensive mold services, is subject to negotiation and written agreement between the seller and the buyer, like all other details of a real estate transaction. You might learn much about mold legal issues in the in depth ebook Mold Legal Guide, available at Mold Store

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How Real Estate Sellers Can Protect Themselves Against Buyer Mold Claims

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