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How Real
Estate Sellers Can Protect
Themselves Against Buyer Mould Claims
Q.
As the seller of a
home or other real estate property, how can I protect myself against buyer claims of mould
problems or mould contamination in the purchased home or property?
A.
Mold Inspector Laboratory is not aware of any viable, worthwhile
mould 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 Mould
Inspectors
do a complete physical inspection of your home for water
problems and mould 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 mould spores, in
comparison to an outdoor mould control test. You want a written
report from the inspector as to his physical inspection and mould
test results. If there are problem areas, find the sources of
water and mould problems and take care of them safely and
effectively----learn how by visiting:
Mould 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 mould inspection and testing so that they
can have independent evidence as to the existence or
non-existence of a mould problem. Include in your
lawyer-drafted sales agreement that the buyer has been
encouraged to do such independent mould inspection and testing,
with so many days to do so---at least 14 to 21 days to allow
time to get mould 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 mould 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 our
new mould Legal Guide book published on Sept. 18,
2003---visit
Mould Mart to order this
powerful book all about prosecuting and defending mould legal
claims.
More related stories are found at:
[Legal Q & A] [Cal Mould Law] [Insurance Claim] [Texas Victory] [Landlord Liability] [Employer Liability] [Realtor Disclosure] [School Mould] [Sell-Mould-House] |
