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Q: I am buying a house that previously had water damage and, subsequently, mold. Supposedly the problem has been corrected, but I want to be sure. How can I find out who should pay for it, and would my homeowners insurance pay for it if a problem occurred?

A: There are several issues to consider with regard to this house. Some even involve the state in which you live, and who the current owner’s insurance company is.

You should be concerned for any home that previously had mold, concerned enough to ask the right questions anyway. Your concerns may be relieved when you hear the answers, or the answers may raise other questions.

You should ask the current owner about the exact location where moisture damage and mold occurred. You need to know how much damage there was and how long it was present before it was noticed. You need to ask about the owner’s insurance company. What was their response to the presence of mold? How much work was done to ensure that the moisture problem is fixed? Was remediation of the mold performed? Are there reports available showing what work was done? Was any testing done after the mold was removed to ensure that the water source was fixed and to ensure that all mold was removed?

Most states have real estate disclosure laws that require the home seller to disclose environmental issues that affected the home. Mold is usually one of those issues covered by the environmental disclosure documents. This means that the owner is required to share information on the location, the repairs, and any testing that was done. They should want to prove to you that all was done properly and that the home does not have any problems now. If they don’t, can’t or won’t, then you should look for another house.

You should always have an inspection of the home done before you buy it. Many states license home inspectors. Some don’t. Ask the real estate agent for several names of reputable home inspectors in your area. Then call each inspector and interview them on the phone before hiring one. Ask them how they would inspect a home that’s had a reported mold problem. The home inspector is working on your behalf. He/she will work for you, so you will have to pay for their fees.

If additional mold is found due to the original problem and you’ve already purchased the home, your best bet is to go back to the original insurance company that covered the moisture or mold event and ask them to pay for further repairs. This doesn’t always work, but if the mold occurred "on their watc" and it wasn’t fixed properly, they still have some liability.

If you haven’t already purchased the home, I’d suggest you also talk to a few insurance companies. Ask if there are any special considerations -- or unusually high prices -- for insuring a home that was affected by mold. You don’t want to purchase the home and then find out that insurance is extremely high in price or coverage is very limited or unavailable entirely.

There are some really good deals on homes that have had mold problems, but you need to do your homework when it comes to seller’s disclosure, inspections and insurance. If you’re still unsure, talk with a real estate attorney. They can often clear up doubt on who carries the liability in situations like this.

Travis West is the president of Building Air Quality Inc., a Houston-based indoor air quality consulting firm. He can be reached at twest@baq1.com, or toll-free at 866-367-1177.


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If you have a question for a mold expert, please send it to Brett Lyon, senior editor of construction.com at brett_lyon@mcgraw-hill.com.

 

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