Selling a home that might have mold?


#1

We have a decent singlewide that we own and are planning to sell it and it has had a few leaks here and there that have been repaired which makes me assume over time some mold might have developed. I think we’ve got most of it out, if it even is mold, but if the buyer signs an “as-is” agreement, would that be enough protection from a guy chasing a big payday or what advice might anyone have to be safe? I’m coming from the side of someone buying and sueing down the road because now they’re sick because the home had mold (if it does)…


#2

I would provide a state-issued sellers disclosure form and say that leaks have been repaired and that mold status is unknown (e.g. buyer needs to check if they are concerned). Buyer must sign this document.

With that out there you are fully covered if the buyer closes. If the buyer sells the home and doesn’t disclose then they assume that liability.

And of course I must say that I am neither an attorney or licensed real estate agent, so check with one or both if you’re not 100% positive with advice on the inter webs.


#3

Mold is found everywhere. It is one of the basic kingdoms of life. If you test for it you will find it is always present.

Mold has a reputation because there were a lot of lawsuits claiming that mold causes [fill in the blank illness] but now that insurance policies exclude coverage for mold-related injury claims all of a sudden no one is getting sick any more. This may be an exaggeration but the point is that mold is not a particularly significant environmental hazard. Unless you are particularly sensitive to [exact type of mold that is continuously being injested], maybe.

Think of every flooded home in Houston after Harvey. They probably all have significant mold, I can’t imagine otherwise. But as long as it’s now dry and not being disturbed/spread into the air and not growing worse you’re probably ok.

Anyone can sue you for anything, but what do you think the judge is going to say you should have done differently?


#4

I appreciate the thoughts! That’s how I feel too, but wanted to make sure I was being reasonable. An as-is form and seller disclosure is what I had planned to cover everything, but wanted to be sure.