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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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Mold Library Combination
Read the 5
mold advice ebooks in the
Mold Library Combination, for a
combined discount price of only $49.00
[$75.00 if bought separately]. Combo package includes: (a)
Do-It-Best-Yourself Mold Prevention, Inspection, Testing, and Remediation,
$15; (b)
Mold Health Guide, $15; (c)
Mold Legal Guide, $15;
(d)
Mold Home Remedy Recipes, $15; and (e)
Mold Monsters, $15. All helpful ebooks are delivered to your
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