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Top 10 Ways To Prevent Mold Legal Problems in Sale of Real Estate, Advises Mold Expert Phillip Fry

November 27, 2014

Certified Environmental Hygienist Phillip Fry recommends that real estate sellers and buyers take ten steps to avoid mold growth legal and sales complications in the sale of homes and commercial buildings.


Montrose, MI, November 26, 2014(PressReleaseCircle) — “Seller-undisclosed but seller- known mold infestation problems, as well as unknown mold growth hidden inside heating/cooling ducts, ceilings, walls, floors, attics, and basements, often result in buyer lawsuits for undisclosed mold problems and often keeps homes and commercial buildings from being sold,” warns Phillip Fry, Certified Environmental Hygienist, Professional Industrial Hygienist, and webmaster since 1999 of

Fry’s website explains the top 10 ways to prevent mold legal problems and mold sales complications when buying and selling residences and commercial buildings in the USA, Canada, UK, Europe, Asia, Australia, Central America, South America, and Caribbean nations.

1. A homeowner or building owner should not begin advertising the property for sale, or list it for sale with a Realtor® or other real estate agent/broker, until after a thorough mold inspection and mold testing of the home, rental property, or commercial property by an expert and experienced mold inspection firm such as international EnviroFry (

2. If the owner discovers visible or hidden mold problems, he should do safe and effective mold removal and remediation prior to offering the property for sale. Hire an expert mould remediation company such as EnviroFry, or follow the recommended ten steps for safe and effective do-it-yourself mold removal at Re-inspect and re-test the building after remediation before re-occupying the decontaminated building.

3. The owner should avoid hiding or camouflaging mold problems by deceptions such as painting over mold growth; concealing mold growth behind stored items, furniture, furnishings, and decorations; and masking the distinctive smell of mold growth with air fresheners and deodorizers. The smell of mold is from the digestive gases of the mold eating the building materials.

4. The real estate sales contract should include an environmental inspection clause that grants at least a 14 to 21 day inspection period. The buyer should hire an independent inspector such as a Certified Mould Inspector, Certified Environmental Hygienist, Professional Industrial Hygienist, or Certified Environmental Inspector.

5. The mold inspector or the buyer himself should do an all-around physical examination of the building for both visible and hidden signs of water damage and mold growth. In addition, the inspector or the buyer should mold test the air and visible mold growths in all rooms, the basement, crawl space, attic, garage, plus the outward airflow from several heating/cooling duct registers.

6. Mold testing requires mold laboratory analysis and mold species identification of the collected mold and air samples. In building locations with previous floods or leaks, the examination should also include fiber optics inspection to look inside water-penetrated surfaces, such as walls, floors, ceilings, and crawl spaces, for hidden mold infestations.

7. The seller should disclose in writing to all prospective buyers any previous or present building water and mold problems, and what the owner has done, if anything, to correct such problems. These water damage and mold disclosures should be attached to the real estate sales contract so that the buyer acknowledges receipt thereof.

8. If the property for sale is a USA residential property (home, condominium, co-op apartment), the seller should order ahead of time and provide to all prospective buyers the insurance industry’s C.L.U.E. (Comprehensive Loss Underwriting Exchange) Property Report that provides a five-year insurance loss history for a given address. Buyers should insist upon receiving a current C.L.U.E. report.

Every U.S.A. homeowner insurance claim inquiry or loss report by a homeowner (even including those that do not result in any loss payment) goes into the C.L.U.E. database. In some states (including California) it is becoming common for sellers to provide Realtors® with a copy of the C.L.U.E. report up front so that there are no unpleasant surprises at closing or afterwards.

9. In consideration of the seller’s accurate and complete mold disclosure, and the buyer’s full and unrestricted opportunity to inspect and test the property thoroughly and carefully, the sales contract may include a seller’s requirement that the real estate property is being sold “as is” with no implied or express warranties as to the physical, mold, and environmental condition of the property.

10. Similarly, the sales contract may also include a seller-requested clause that releases the seller, lender, and real estate agent/broker from all mold liability to the buyer. This release of liability should be contingent on the accuracy and completeness of the provided details in the seller’s written mold disclosure and on the buyer’s full and unrestricted right to do mold inspection and mold testing prior to completing the property purchase.

To schedule EnviroFry mold inspection and testing pursuant to a contemplated property purchase, or mold clearance inspection and testing if there has been mold removal within the past five years, contact—

Arizona, California, and Nevada: Lee Maglanoc, Certified Environmental Hygienist, email or phone 1-602-757-1918.

Midwestern, Eastern, and Southern USA, plus Canada, Europe, and Asia: Phillip Fry, email or phone toll-free 1-866-300-1616 or cell phone 1-480-310-7970.

Phillip Fry, Co-Manager
10104 Sheridan Rd.,
Montrose, Michigan, USA
Phone Toll-Free 1-866-300-1616
Cell 1-480-310-7970


From → Real Estate

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