The Facts About Real Estate Mold Testing – Ocala, FL
It is not uncommon for homes to remain unsold due to mold or mold contingencies. But this was unheard of only five years ago. The reality is that mold is receiving more and more attention, and home inspectors must start looking for it regularly. Fortunately, we are here to provide comprehensive real estate mold testing in Ocala, FL, and beyond.
Although many of us laugh at the idea of mold affecting a real estate transaction, the truth is that mold litigation is on the rise. Increasing numbers of lawyers handle mold exposure cases, and many judgments have even been awarded, suggesting that these cases hold weight. Contact us today for more information about mold inspection, testing, and remediation services. We can even come to your property and provide a free estimate based on the services you require.
Common Problems
Mold is everywhere at all times. For the most part, it doesn't bother anyone, but there are certain circumstances where mold is a serious problem.
Problem #1: Mold Sensitivity
Some individuals experience respiratory problems when exposed to mold. This mold sensitivity can lead to serious illness.
Problem #2: Black Mold
Some molds appear to cause illness. For example, black mold has been around forever but is only just being talked about now. Although some people are more sensitive to it than others, black mold appears to have a greater propensity to cause health problems.
Although mold exists everywhere, it thrives in dark, moist areas, including heating ducts and slowly leaking roofs. Combine this mold growth with a particularly sensitive individual, and a lawsuit may be on the horizon. As a result, inspectors and real estate agents must understand the issue of mold. Currently, the seller's disclosure of mold is a fact-specific legal issue. However, we believe that mold disclosure will be more common in the future—especially when a property owner is aware of an ongoing mold problem that might not appear in a basic inspection.
Real Estate Professionals Can Help Prevent Mold Suits
Even million-dollar paychecks can't prevent homebuyers from purchasing homes with problems. According to a story featured on Erin Brockovich (Brockovich v. Morrison Associates, No. 051037 (Los Angeles Co. Super. Ct.)), many complainants are suing over the spread of mold in their homes. Brockovich—the law clerk and homeowner activist made famous in the Oscar-winning movie Erin Brockovich—is using her star power to do for mold issues what she did for victims of contaminated drinking water.
In fact, mold as an indoor health hazard is taken so seriously that the EPA posted a webpage devoted to educating the public about mold's effect on the lungs. For this reason, attorneys are also beginning to take this issue seriously.
"Mold is where asbestos was 30 years ago," says Alexander Robertson IV of Knopfler & Robertson in Woodland Hills, CA—the firm representing Brockovich, according to the report. Robertson began representing mold clients in 1997 and now has more than 1,000 mold plaintiffs. Business is so good that he has had to turn down hundreds of other cases.
Most frightening is the amount awarded in these cases, with many reaching over $1 million. Agents should protect themselves from being dragged into lawsuits by having their clients sign waivers. This is a crucial step for agents, despite their reluctance to issue waivers to their clients.
"I'm seeing an increase in claims regarding molds," says Robert N. Bass, a respected real estate defense attorney. "We need to add it to the list of things we talk about with buyers and sellers."
Mold is commonly a hidden danger. Many sellers aren't aware of its presence, and, therefore, it often fails to be disclosed. According to Nick D'Ambrosia, vice president and general manager of Hometest, Inc., most mold-related problems are a direct result of three possibilities:
- A product reaching the end of its life expectancy
- A lack of required maintenance
- Building defects during initial construction
The unfortunate part is that typical homebuyers often do not see these culprits, and inspectors can only guess about their existence. Real estate agents, however, should know that older homes pose a greater risk of mold contamination. It is enough to make some agents avoid older properties and concentrate on new homes, but that won't necessarily prevent litigation. Mold infestations are also rising in new homes.
New Homes Can Also Be Infested
"New homes—many no more than a year old—are experiencing serious, life-threatening mold problems," says Nancy Seats, president of Homeowners Against Deficient Dwellings. "Shoddy construction and defective products are contributing to this serious problem in the new homes of today. Families are suffering physically, emotionally, and financially." But that's not the only risk faced by prospective homebuyers. Therefore, many choose to negotiate directly with the builder, leaving attorneys and agents out of the loop—but they do so at their own risk.
According to a recent NBC Dateline report, Brian and Lorinda Couch bought a new home from Pulte, one of America's largest homebuilders. Relying on the homebuilder's warranty, the Couches were shocked to find that shoddy workmanship ran throughout the home and that many items weren't covered. They were frustrated by dripping faucets, unwired appliances, uninsulated pipes that burst in 13° weather, and a doorway constructed so poorly that it allowed rain to pour in, resulting in mold throughout the foyer. Today, they have moved out of this unhealthy home and continue making payments while the situation is arbitrated. Unfortunately, a contract clause prohibits them from suing Pulte.
Is Working with a Real Estate Agent the Answer?
Would the Couches have been so unlucky with a real estate agent on their side? Like many new homebuyers trying to save money, the Couches negotiated directly with the builder. A report by correspondent Lea Thompson read, "...so instead of getting an outside lawyer, they used one suggested by the company—it was cheaper. They saved a bit more money by not hiring an inspector—after all, a county inspector had just OK'd the home." But a municipal inspection is simply not enough.
"Many homebuyers feel that they do not need to employ a professional home inspector because municipal building inspectors regularly inspect new homes," says D'Ambrosia. "Homebuyers need to understand that many building inspectors are seeing over 30 homes a day and are normally only inspecting to see that the builder meets the minimum code requirements. The building inspector is not looking at specific construction practices that tend to determine if a home is going to be a trouble-free investment or one that will require significant modification and repair in the future."
Unfortunately, the Couches aren't alone. This problem is so significant in Texas that homeowners and home inspectors alike are backing a new bill before the Texas legislature. Presented by Senator Leticia Van De Putte of San Antonio, the Texas Homebuyer Protection Act, if passed, will be the nation's first "lemon law" for homes.
Homebuyer John Cobarruvia—extremely upset with the worthless summary judgment that he received against his builder—formed a group called the HomeOwners for Better Building. He states that homeowners are fed up with builders and their useless warranties. "This is the most protected industry in Texas right now," said Cobarruvias in a recent interview. "You can't touch these people. They are not licensed, not regulated, they have nothing on them, and they are making a lot of money." In the end, both the Couches and the Cobarruvias lost a lot of money by not working with a real estate agent or home inspector.
Working with a real estate agent is valuable because they share liability with their clients. Therefore, good real estate agents will insist on hiring an inspector. While this won't prevent problems with the home, it will open other avenues of recourse. D'Ambrosia advises: "Savvy home buyers are having newly constructed homes inspected by a professional home inspector who solely represents the buyer during the construction process. The home inspector will inspect the property during several phases of construction and will accompany the buyer at the final walkthrough and delivery. The home inspector who is trained and experienced in detecting construction defects is inspecting the property for poor construction practices that could be nightmares in the future."
Real estate agents must be able to protect their firm from liability by advising clients to hire mold inspectors. If the client refuses, the agent should have them sign a waiver declaring they were advised to do so and refused. Attorney Bass says, "There are people who are in the business of making a big deal out of the mold."
Contact Florida Mold Testing for more valuable advice about mold and real estate.
"Many homebuyers feel that they do not need to employ a professional home inspector because municipal building inspectors regularly inspect new homes," says D'Ambrosia. "Homebuyers need to understand that many building inspectors are seeing over 30 homes a day and are normally only inspecting to see that the builder meets the minimum code requirements. The building inspector is not looking at specific construction practices that tend to determine if a home is going to be a trouble-free investment or one that will require significant modification and repair in the future."
Unfortunately, the Couches aren't alone. This problem is so significant in Texas that homeowners and home inspectors alike are backing a new bill before the Texas legislature. Presented by Senator Leticia Van De Putte of San Antonio, the Texas Homebuyer Protection Act, if passed, will be the nation's first "lemon law" for homes.
Homebuyer John Cobarruvia—extremely upset with the worthless summary judgment that he received against his builder—formed a group called the HomeOwners for Better Building. He states that homeowners are fed up with builders and their useless warranties. "This is the most protected industry in Texas right now," said Cobarruvias in a recent interview. "You can't touch these people. They are not licensed, not regulated, they have nothing on them, and they are making a lot of money." In the end, both the Couches and the Cobarruvias lost a lot of money by not working with a real estate agent or home inspector.
Working with a real estate agent is valuable because they share liability with their clients. Therefore, good real estate agents will insist on hiring an inspector. While this won't prevent problems with the home, it will open other avenues of recourse. D'Ambrosia advises: "Savvy home buyers are having newly constructed homes inspected by a professional home inspector who solely represents the buyer during the construction process. The home inspector will inspect the property during several phases of construction and will accompany the buyer at the final walkthrough and delivery. The home inspector who is trained and experienced in detecting construction defects is inspecting the property for poor construction practices that could be nightmares in the future."
Real estate agents must be able to protect their firm from liability by advising clients to hire mold inspectors. If the client refuses, the agent should have them sign a waiver declaring they were advised to do so and refused. Attorney Bass says, "There are people who are in the business of making a big deal out of the mold."
Contact Florida Mold Testing for more valuable advice about mold and real estate.