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GENERAL
Whether you are sellers, buyers, or real estate agents/brokers you
should take basic steps to avoid mould problems and lawsuits when
selling and buying of real estate properties.
If
the Seller accurately and completely investigates and discloses all
mould or water leakage issues (shows due diligence), and the Buyer has
full and unrestricted opportunity to inspect and test the property
thoroughly, the sales contract may include a clause that the real
estate property is being sold “as is” with no implied or express
warranties as to the physical, mould, and environmental condition of
the property.
In
addition, the sales contract may also include a clause that releases
the Seller, lender, and real estate agent/broker from all mould
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 mould disclosure and on the Buyer’s full and
unrestricted right to do mould inspection and mould testing prior to
completing the property purchase.
AS A
SELLER OR SELLER'S AGENT
Do
not offer the property for sale, or list it for sale with a real
estate agent/broker, until after a thorough mould inspection and mould
testing of the home, rental property, or commercial property. Retain
the services of a Certified Mold Inspector.
If
you know that there is a mould problem or the Certified Mold
Inspector discovers visible or hidden mould problems, then
professional mould remediation by a Certified Mould Remediator should
be completed prior to offering the property for sale. Perform
independent "Clearance Testing" after the remediation is completed to
ensure that the contamination has been successfully removed.
Never hide or conceal mould problems by deceptions such as painting
over mold growth, concealing mould growth behind stored items,
furniture, furnishings, and decorations, and masking the distinctive
smell of mould growth with air fresheners and deodorizers. Mould
contamination does not go away on its own, the problem only gets worse
the longer it goes untreated.
Disclose in writing to all prospective Buyers any previous or present
building water and mould problems, and what has done, if anything, to
correct such problems. These water damage and mould disclosures should
be attached to the real estate sales contract so that the Buyer
acknowledges receipt of them.
AS A
BUYER OR BUYER'S AGENT
Ensure that the real estate sales contract includes an environmental
inspection clause that grants the Buyer at least a 14 to 21 day
inspection period. The buyer should retain the services of an
independent inspector such as a Certified Mould Inspector, Certified
Environmental Hygienist, industrial hygienist, and/or home inspector
with mould expertise to inspect and test thoroughly the property for
mould and other environmental dangers.
The inspector or the Buyer should do an all-around physical
examination of the building for both visible and hidden signs of water
damage, mould growth and the general state and maintenance of the
property. In addition, the inspector should mould test the air and
visible mold growth in all rooms, the basement, crawl space, attic,
garage, plus the airflow from HVAC system.
The seller should disclose in writing to all prospective buyers any
previous or present building water and mould problems, and what the
owner has done, if anything, to correct such problems. These water
damage and mould disclosures should be attached to the real estate
sales contract so that the buyer acknowledges receipt thereof.
For a Mould
Inspection, please click
here.
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