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Mold Advisory to Client, comments please

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I am working on an advisory to CYA (CMA)on this issue and would like input from anyone who is willing.


Ron (I do not offer any testing)

Mold Advisory to Buyer(s) of Residential Real Property

Property Address: _______________________________________

There has been a great deal of publicity regarding the existence of toxic and non-toxic mold in homes, apartments and commercial buildings. Current information indicates that some types of mold may cause health issues for sensitive and at risk individuals. Different individuals have varying tolerances for mold exposure.

Not all molds are detectable by a visual inspection, either by a Realtor or Professional Home Inspector. It is also possible that the property could have an undetected mold problem of which the seller is unaware. It is impossible for the Home Inspector to determine what may be found in areas that are blocked from view or are difficult to access. If you have any concerns about indoor air quality you are advised to obtain the services and written conclusions from a certified indoor air quality specialist, Industrial Hygienists, or qualified person(s).

All inspections, including those to detect mold, should be completed within the inspection period established by the purchase contract and prior to the retitleing of any property. Any waiver or failure on the part of the buyer to complete all appropriate tests and obtain written estimates for repairs including those for mold, is against the advice of the Home Inspector.

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We give clients a full page of info mainly paraphrased from the EPA and CDC and finish it off with:

"It is beyond the scope of this inspection to test for mold or other air quality concerns. No fee is being charged for such testing and (Company Name)'s insurance coverage expressly excludes coverage for testing for mold or any other air quality issues. Testing for mold or indoor air quality should be performed by other qualified and insured specialists of the customer’s choice and hire."

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In my contact I have the following clause:

Unless specifically stated, the inspection report does not include opinions regarding:

1. Indoor air quality

2. The presence of well known and possibly hazardous environmental conditions including, but not limited to, asbestos, bioaerosols, fungal growth, lead, radon, etc.

3. Hazardous or toxic waste

4. Wood destroying insects and organisms

5. Compliance with codes, ordinances, statutes, restrictions and home warranty requirements

6. The insurability, efficiency, quality, durability or future performance of any item

Then if I find mold my report states:

- Fungal growth was observed [insert location]. New Day Inspections does not inspect for or evaluate fungal growth. If you have concerns about mold or any other fungal growth, you are strongly urged to obtain the services of an indoor air quality specialist, an industrial hygienist or other qualified professional to fully assess the situation and make appropriate recommendations.

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We tell our clients that our report does not address mold in any way. If they are concerned about mold, they should hire a specialist. Funny, but nobody ever questions me when I claim ignorance....

With disclaimers, it's easy to outsmart yourself by getting too long-winded. You should be able to get the job done in a few short sentences.

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