Legal Tip: It is shocking that MANY BUYERS are closing on property
without having it inspected for mold even after the home inspector
indicates a mold presence in the report (home inspector is now off
the hook) and the new owner then finds out a few weeks
later there is a major mold problem (one in Sparta, NJ recently cost over $23,000.00 in
repairs) that the new owner is now responsible for. If
a mold has been noted prior to closing you MUST
protect your future interest by inspecting NOW- once you
own the property you almost will always own the problem since you
have accepted it via disclosure.
SELLER
TIPS
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BROKER/SALES TIP
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BUYERS
TIPS
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- Inspect
your home before showing the property Have
mycologist determine if it is mold. Often it is not mold.Mold
must be removed or cleaned before showing the property to limit
exposure to persons entering property. Do
not cover-up mold. Concealed mold
may result in health injury claims, added punitive legal
and other damage awards along with full compensation for remediation
and repairs afterwards. Document
the mold condition and any remediation, abatement with associated repairs.
- Obtain
a certification of a mold free habitation.
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- Property
sales personnel are there first and are most likely to be exposed
to mold before their buyers. If you see or smell mold:
Get out immediately if you have any physical response. People
living with mold often do not know it and may have no or minimal
allergic response. Do not rely on their comments.Look
out for your client if you note mold you should make them aware
of it to protect your agency and anyone that may enter the property.
- Encourage
your seller to have a pre inspection (prior to showing) for mold
if it is suspect.
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- Look
for mold in all areas of the property Spend a few
minuets in all areas of the house to detect mold odor or visual
presence. Leave
any property when mold is present either odor or visual. Have
the property inspected for mold and fully document the findings. Ask
seller to pay for mold inspection at closing (nearly
all will)
- If
mold is found and removed have a follow up certified mold
inspection.
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The most common
question :
So often gets asked.
Who should pay for the mold inspection?.
The Answer:Depends upon the circumstances of the inspection request. The
property inspection should be paid by the owner if mold growth is noted since it is to the benefit of the owner if they sell or not. If there is no basis other
than satisfying buyer's curiosity or some other |
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interest then the buyer should pay. If
a mold is found the seller should pay. Most inspections
cost less than 1/10 of one percent of the value of the property . It is an excellent value considering the amount of damage it could
potentially uncover OR danger to the health of your and your family. |
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MOLD MUST BE DISCOVERED BEFORE PURCHASE
If
you purchase a property and you find mold a few months later
that may have been there at the time of buying you may suffer
a tremendous loss by not being able to make a claim because it can be
said that the mold was established since the purchase - we have
seen this happen often. Have the property
competently inspected before closing and get a certified report
in writing. A fungal mold mycologist professional
must be consulted .In all cases if
you find a mold shortly after you acquire the property you must IMMEDIATELY have it professionally inspected
by a certified inspector and mycologist to establish your case.
The inspector will DOCUMENT the damage and presence of the mold
infestation for legal or insurance purposes. BUT this must be done immediately - the
longer you wait the more the liability transfers to you
- the new property owner. DO NOT attempt or begin any
repair until it has been fully documented by fungal mold mycologist inspector.
WHAT TO DO AFTER THE SALE AND MOLD PROBLEMS
ARE DISCOVERED?
Estimates are as high as 10% of all properties
have a mold associated problem. Most often mold is innocently
overlooked, ignored or just not identified even during the course
of a general home inspection. Obtain a qualified opinion letter
from our medical mycologist/legal investigator to determine
if the mold was concealed, covered-up or otherwise hidden from
you by the seller.
CALL 973-726-9559 FOR A FREE MOLD CONSULTATION
LET OUR CERTIFIED EXPERIENCED MYCOLOGISTS AND MOLD INVESTIGATORS
ELIMINATE THE LEGAL PITFALLS AND LIABILITIES ASSOCIATED WITH PROPERTY
TRANSFERS. CALL FOR A FREE CONSULTATION. WE HAVE A CERTIFIED LEGAL STAFF.
We test for mold include 5 free mold sample using home mold testing kit for black mold test kit when testing for attic or basement mold the mold test used for mold inspection, mold inspection for testing and mold detection for mold and health.
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