| Tips for home
sellers
The
mere thought of mold contamination is enough to send any
seller into a state of despair and frustration. But
there is little reason to be concerned if you have
properly maintained your home and if you have taken prudent
measures to repair and document past moisture and
mold-related problems. Still, mold contamination can
be nerve wrecking on both sides of the closing table; so
let's look at some of the most common pitfalls:
- Disclosure.
Failure to disclose is
perhaps the most common problem that sellers
encounter. Whether its intentional or not, failure
to disclose will cause some major headaches in the
future. Maintain a comprehensive list of all
repairs (minor or major). and pay particular attention
to issue involving water damage - even seemingly small
problems. If areas such as wall cavities need to
be inspected, prepare to do so long before you list the
property (see #3 below). If you are in doubt whether
you should disclose small concerns, don't hesitate... go
ahead and disclose.
Disclose everything and don't conceal anything.
- Make
All Necessary Repairs. Before you list
the property, be sure to take prudent steps to repair
all damage related to water intrusion and mold
contamination. Now is not the time to cover up
mold growth with bucket after bucket of paint. If
you suspect a mold problem, hire a professional to
investigate. If a major mold problem is
discovered, be sure that professional becomes involved at
an early stage. You don't want to run the risk of
cross contaminating other areas of your home.
Remember, a modest expense now can save thousands on the
sale of your home or in litigation costs in the
future.
- Document.
One of the advantages of paying the added expense of a
professional mold investigation and abatement is that
you now have sound documentation for future
disclosure. You can demonstrate with confidence
that you have taken the steps necessary to identify and
repair all known concerns. But be sure your
consultant and abatement contractor provide a detailed
account of all work performed (and all important
dates).
- Educate
and Cooperate. After hearing the
countless nightmares of moldy homes purchases, buyers
are becoming much more knowledgeable on mold
contamination and the risks it poses to their new
home. As a seller you too should become aware of
your rights and liabilities. At the same time,
respect the buyer's concern without giving into their
every whim. If there is a justifiable reason to
suspect microbial contamination, work with the sellers
to resolve this issue. But don't go overboard with
onsite investigations and air sampling (see #5
below). There are right ways to investigate and
their are wrong ways to investigate. Consult with
experts to determine your option. Meanwhile,
maintain a positive and constructive dialogue between
yourself and the prospective buyers - or the respective
real estate agents.
- Air
sampling? We discussed this isse under
"tips for buyers", but in a word, BEWARE. Air
sampling is riddled with potential problems and the
interpretations of such tests should never be left to
the novice. False positive and false negative
results are common, so think twice before risking such a major
purchase on these results. There are ways to
design informative assessments using air sampling, yet a
complete study with high confidence levels will be
expensive (well over $1,000).
- Be
Willing to Assume Partial Costs. If a
legitimate unabated concern exist, either agree to
repair the problem before the sell or be willing to
assume partial cost for future repairs. But be
sure to agree to limits - signing a blank check is an
invitation to financial disaster, especially in
litigation matters involving personal injury. The
same holds true for areas that you know have been
repaired but clearance testing demonstrates residual
levels of contamination. Was the contamination
removed or wasn't it? Well, it may be impossible
to tell with 100% certainty, so if a chance exists,
agree to a fair amount for future testing and repairs
should the problem resurface. Clearly, you will
want an attorney to review all agreements prior to
singing on the dotted line.
- Perform
a Mold Inspection Prior to Listing. The
proactive seller will already have the results of a mold
inspection in hand prior to listing. We only
recommend this if the property has sustained prior water
damage or mold contamination. Your proactive
stance will be viewed as a good-faith gesture. But
be sure to follow through by giving the sellers the
opportunity to contact the consultant directly. As
we mentioned above under "tips for buyers",
mold inspections for real estate transactions differ
from the "typical" mold investigation, namely
because invasive inspections (wall or ceiling cavities)
are rarely acceptable. Here are a few protocols
that can be performed with minimal damage to the
existing infrastructure: visual assessment of all
accessible areas, photographic documentation,
moisture assessments, sampling, and review of disclosure
statements, maintenance records, and prior abatement or
inspection protocols. The cost of performing a
mold inspection will depend on the expertise involved
and the type of work performed. But
depending on the location, you can expect to pay between
$600 and $1,200 for a mold inspection by a qualified
expert.
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