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#331679 - 03/18/10 08:39 PM Obligation to search for mold?
Artichoke Offline
Junior Member

Registered: 03/18/10
Posts: 3
Loc: Virginia
I am about to put my house on the market (in Northern Virginia).

At one point, there was a water intrusion during heavy rain. It only occurred when there was hard rain coming from a particular direction, and so it was not a persistent wetness. In any event, there was water dripping from the ceiling on a few different short-term occasions. (The problem has since been repaired.)

My wife thinks we should cut a hole in the ceiling and look for mold. I don't see a need to do so. I think that it is unlikely there is mold; that if there is, it is trapped in the ceiling; and that actively searching for it would cost a lot of time and money.

Is there any obligation on our part to actively search for mold if there is a (however slim) chance there might be some there?

We will of course disclose that there had been a leak; but I don't see the point in ripping open the ceiling to search for it.

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#331742 - 03/19/10 11:36 AM Re: Obligation to search for mold? [Re: Artichoke]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8392
Loc: georgia
The problem is you didn't REPAIR the problem you patched up a leaking spot.If the wall gets wet and you patch the wall it does not fix WHY the water got in it just covers it up.

Buyers have what's known as "a right to their own inquiry" but also buyers have sued sellers over "known concealment of a problem" and won in court.

You would be much better off opening the ceiling and fixing the problem along with the point of entry then to just disclose it. If you disclose it expect a VERY LOW offering price.Hopefully when you cut out a small hole in the ceiling you will see just a little moisture that can be remedied quickly. Whatever repairs you do take pictures of every step and get a certificate in writing from the contractor or mold company that the problem has been repaired.

The issues is if you patch a ceiling the moisture could be in the walls and rafters where it first came in. So you have to fix the source and then clean down to the part where it leaked at the ceiling.They have quick test kits where you can take swabs to see if you have mold or just mildew present. Mold can get in your duct system and make you sick.

I would really get this resolved and then have full disclosure. If you disclose but not make it seem as bad as it is expect lawsuit down the road. No legal advice.

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#331809 - 03/19/10 05:06 PM Re: Obligation to search for mold? [Re: super realtor]
Artichoke Offline
Junior Member

Registered: 03/18/10
Posts: 3
Loc: Virginia
Sorry if I wasn't clear; I was trying to be brief. The problem was repaired, not patched.

The problem was a hole in the exterior siding which allowed water to intrude only when there was a driving rain from a particular direction (that is, when rain was driving into that wall). It took a few rains to identify the cause of the problem, but when it was located, it was repaired.

There was never any standing water, nor continuous water intrusion. It was only on certain days, during the hardest periods of rain that any water came in. That is why I think the probability of mold is low.

It would take substantial effort, time, and expense to get into the ceiling where the water intruded, which is why I want to know if there is any particular incentive to do so.

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#331841 - 03/20/10 01:27 AM Re: Obligation to search for mold? [Re: Artichoke]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8392
Loc: georgia
It sounds like you fixed the rain coming in but what about the moisture inside where the ceiling was leaking? Where the water was dripping down from the ceiling did you replace where it was leaking or just CONCEAL it and paint over it to make it look like all is fine?

I am not there so can't see what you are looking at.Fixing the outside keeps more water from coming in but does not get rid of existing moisture problems from water penetration. Opening up a small hole in the ceiling is easy and you can close it back up.If you need to replace a whole 4 by 8 sheet it is real cheap under 50 bucks.

It sounds like you are struggling as to what to do.Either look into the ceiling or just disclose on the sellers disclosure. If the buyers then want to inspect and cut a hole in the ceiling and don't buy you have to deal with it anyways.

no legal advice

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#331859 - 03/20/10 09:31 AM Re: Obligation to search for mold? [Re: super realtor]
Mark Brian Offline
Member

Registered: 11/08/07
Posts: 450
Loc: South Carolina
When in doubt, disclose.
_________________________
Mark Brian Silver Star Real Estate LLC
Anderson South Carolina
Upstate South Carolina Real Estate

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#331875 - 03/20/10 11:33 AM Re: Obligation to search for mold? [Re: Mark Brian]
Dave23 Offline
Member

Registered: 02/19/10
Posts: 127
Loc: New York
If I was so worried about it that I was going to disclose, I would open it up and investigate/fix it, disclosing is just asking for price reductions.
_________________________
WNY Real Estate Investors Facebook Group

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#332055 - 03/21/10 08:24 PM Re: Obligation to search for mold? [Re: Dave23]
MontyC21 Offline
Member

Registered: 12/27/07
Posts: 410
Loc: Virginia
If it were my home, I would open up the drywall and have it inspected by a contractor that I trust. If you were my client, and you told me the issue I would HAVE to disclose this to potential buyers.
_________________________
Reneé

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#332099 - 03/22/10 09:07 AM Re: Obligation to search for mold? [Re: MontyC21]
REODayton Offline
Major Contributor

Registered: 07/27/06
Posts: 3665
Loc: Dayton Ohio
You can only disclose what you know. Do you have mold? Myt guess is you don't believe so, you have no reason to believe you have harmful mold, its up to the buyer to decide.

My son flooded the bathroom a couple years ago and water was dripping from the upstairs bath into my kichen. If I were to list my house today I don't have to disclose that. Im certainly not going to remove pieces of the ceiling or floor to see if mold occured. I have no reason to believe that the damage was the extensive. It happend 4 years ago.

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#332113 - 03/22/10 10:23 AM Re: Obligation to search for mold? [Re: REODayton]
Artiste Offline
Major Contributor

Registered: 06/12/06
Posts: 1858
Loc: Arizona Bay
If you knows, you must disclose.
_________________________
Let's take back the real estate between our ears and get green like a sonofa$%^&*

NAFTA is over!!
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#332114 - 03/22/10 10:24 AM Re: Obligation to search for mold? [Re: REODayton]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8392
Loc: georgia
What everyone is saying is the choice IS UP TO YOU. What you disclose or not disclose is the level of risk you are willing to take.

While you may or may not know about if there is mold that won't stop the buyers from suing you later. Just ask business owners that get sued. The time away and headache and money defending in court even if you get it dismissed is huge.

If it was me for the low cost of sheetrock replacement I would want to know and I also wouldn't want to give the buyer anything they could lower the offer price on.

Again you decide how much fire you want to play with and hope not to get burned.

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#332346 - 03/23/10 01:09 PM Re: Obligation to search for mold? [Re: super realtor]
PROUST2009 Offline
Member

Registered: 12/15/09
Posts: 86
Loc: Washington, D.C.
Anyone can sue. Proving the seller had prior knowledge is another animal. I am not suggesting a seller try to get away with hiding a condition they know exists.

Mold tends to leech through drywall long before it has had time to destroy joists.
_________________________
Nex Millennium Realty and Financial Services
Serving the Washington Metropolitan Area since 1985

http://readyforourhome.com/
http://www.examiner.com/x-30587-DC-Mortgage-Examiner

"...If it be now, 'tis not to come; if it be not to come, it will be now; if it be not now, yet it will come..." Hamlet: Act V, Scene V.

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#332575 - 03/24/10 01:24 PM Re: Obligation to search for mold? [Re: PROUST2009]
Artichoke Offline
Junior Member

Registered: 03/18/10
Posts: 3
Loc: Virginia
Thanks for the replies & advice.

For what it is worth, I cut a huge hole in the ceiling near the point of maximum water intrusion and there is no mold there.

I can't say I tore apart the entire ceiling, but I think I took reasonable action and I can honestly tell a potential buyer that I have good reason to believe that the relatively minor water intrusion did not lead to a mold problem.

We may get an inspector too... still mulling that one over.

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#332599 - 03/24/10 03:07 PM Re: Obligation to search for mold? [Re: Artichoke]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8392
Loc: georgia
Take pictures with your digital camera and have date and time stamp just in case that shows you looked into it and save the slip where you repaired the siding on the outside to fix water coming in.

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