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News Release: Nov. 26, 2014
Top 10 Ways To Prevent Mold Legal Problems in Sale of Real Estate,
Advises Mold Expert Phillip Fry
“Seller-undisclosed but seller- known mold infestation problems, as well
as unknown mold growth hidden inside heating/cooling ducts, ceilings,
walls, floors, attics, and basements, often result in buyer lawsuits for
undisclosed mold problems and often keeps homes and commercial buildings
from being sold,” warns Phillip Fry, Certified Environmental Hygienist,
Professional Industrial Hygienist, and webmaster since 1999 of
www.home-selling-buying.com explains the top 10 ways to prevent mold
legal problems and mold sales complications when buying and selling
residences and commercial buildings in the USA, Canada, UK, Europe, Asia,
Australia, Central America, South America, and Caribbean nations.
1. A homeowner or building owner should not begin advertising the
property for sale, or list it for sale with a Realtor® or other real
estate agent/broker, until after a thorough mold inspection and mold
testing of the home, rental property, or commercial property by an expert
and experienced mold inspection firm such as international EnviroFry (www.moldexpertconsultants.com).
2. If the owner discovers visible or hidden mold problems, he should do
safe and effective mold removal and remediation prior to offering the
property for sale. Hire an expert mould remediation company such as
EnviroFry, or follow the recommended ten steps for safe and effective
do-it-yourself mold removal at
www.moldinspector.com/mold_removal.htm. Re-inspect and re-test the
building after remediation before re-occupying the decontaminated
3. The owner should avoid hiding or camouflaging mold problems by
deceptions such as painting over mold growth; concealing mold growth
behind stored items, furniture, furnishings, and decorations; and masking
the distinctive smell of mold growth with air fresheners and deodorizers.
The smell of mold is from the digestive gases of the mold eating the
4. The real estate sales contract should include an environmental
inspection clause that grants at least a 14 to 21 day inspection period.
The buyer should hire an independent inspector such as a Certified Mould
Inspector, Certified Environmental Hygienist, Professional Industrial
Hygienist, or Certified Environmental Inspector.
5. The mold inspector or the buyer himself should do an all-around
physical examination of the building for both visible and hidden signs of
water damage and mold growth. In addition, the inspector or the buyer
should mold test the air and visible mold growths in all rooms, the
basement, crawl space, attic, garage, plus the outward airflow from
several heating/cooling duct registers.
6. Mold testing requires mold laboratory analysis and mold species
identification of the collected mold and air samples. In building
locations with previous floods or leaks, the examination should also
include fiber optics inspection to look inside water-penetrated surfaces,
such as walls, floors, ceilings, and crawl spaces, for hidden mold
7. The seller should disclose in writing to all prospective buyers any
previous or present building water and mold problems, and what the owner
has done, if anything, to correct such problems. These water damage and
mold disclosures should be attached to the real estate sales contract so
that the buyer acknowledges receipt thereof.
8. If the property for sale is a USA residential property (home,
condominium, co-op apartment), the seller should order ahead of time and
provide to all prospective buyers the insurance industry’s C.L.U.E.
(Comprehensive Loss Underwriting Exchange) Property Report that provides a
five-year insurance loss history for a given address. Buyers should
insist upon receiving a current C.L.U.E. report.
Every U.S.A. homeowner insurance claim inquiry or loss report by a
homeowner (even including those that do not result in any loss payment)
goes into the C.L.U.E. database. In some states (including California) it
is becoming common for sellers to provide Realtors® with a copy of the
C.L.U.E. report up front so that there are no unpleasant surprises at
closing or afterwards.
9. In consideration of the seller’s accurate and complete mold
disclosure, and the buyer’s full and unrestricted opportunity to inspect
and test the property thoroughly and carefully, the sales contract may
include a seller’s requirement that the real estate property is being sold
“as is” with no implied or express warranties as to the physical, mold,
and environmental condition of the property.
10. Similarly, the sales contract may also include a seller-requested
clause that releases the seller, lender, and real estate agent/broker from
all mold liability to the buyer. This release of liability should be
contingent on the accuracy and completeness of the provided details in the
seller’s written mold disclosure and on the buyer’s full and unrestricted
right to do mold inspection and mold testing prior to completing the
To schedule EnviroFry mold inspection and testing pursuant to a
contemplated property purchase, or mold clearance inspection and testing
if there has been mold removal within the past five years, contact---
Eastern, Southern USA, nationwide USA, plus Canada, Europe, and Asia: Phillip Fry,
email@example.com or phone toll-free 1-866-300-1616 or cell phone