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To find a
Certified
Mould Inspector
or Remediator
in your area,
or to be trained & certified as a mould inspection, testing,
remediation, and prevention expert, please visit:
Mould
Professional.
Realtor
Disclosure
A good
statement of the realtor's viewpoint on realtor and seller disclosure
obligations [as to property problems] is this guest editorial by realtor
Lou Boyle in the St. George, Utah,
Spectrum, March 4, 2001---
Any disclosure is no better than the
information known to the seller. No seller is required to be an expert in
construction, surveying, hazardous waste or soil conditions. What a
disclosure does do is to inform the buyer of those problems of which the
seller is aware.
According the [Utah] Dept. of Real
Estate, such a disclosure is not a separate "law," but it is
incorporated in the required real estate purchase contract, a form used by
all licensed real estate agents and brokers.
In the event there is a discrepancy
between the actual condition of the property and that which is disclosed
on the seller's disclosure form, the seller would be held accountable for
such discrepancies. This form is the for the protection of both the seller
and buyer.
The real estate agent or broker would
not be responsible for any undisclosed defect in the property, unless the
agent or broker had actual knowledge of any problem with the property.
Q & A on Realtor Liability
[Jan. 29, 2003]
Q.
I am a Realtor in Tucson Arizona and am interested in reducing my
liability in mould related issues. Would it be a good idea to have some
sort of mould inspection on each residence, whether or not there is obvious
evidence of mould infestation? If so, what type of inspection would you
recommend and what would be the approximate cost to the client?
A. You are very wise to be interested in reducing your liability to mould problems and lawsuits. Yes, every home for sale should be carefully inspected and tested at the seller's expense BEFORE the property is
advertised and shown to
prospective buyers. To find a
Certified Mould Inspector to do such a mould investigation,
please visit our website:
Certified
Mould Inspectors. Professional inspection and
in depth mould testing [including hvac equipment and ducts, basement,
attic, crawl space, etc.] is abut $750 to $1500, including laboratory
analysis and identification fees. Another and less costly way to
know if there are serious mould infestations in a home is to test the air
in several rooms utilizing a do-it-yourself mould test kits. Do it
yourself test kits with lab analysis are about $85 each. It is much better to spend a modest amount of money to know whether there
is a mould problem than to face a huge mould lawsuit requiring the payment
of tens of thousands of dollars of legal fees to defend yourself and your
home sellers.
More related issues at:
Legal Q & A | Cal Mould Law | Insurance Claim | Texas Victory | Landlord Liability | Employer Liability | Realtor Disclosure | School Mould | Sell-Mould-House |
