Home Selling in Omaha>Question Details

Brian, Both Buyer and Seller in Mondamin, IA

In Nebraska, does the seller have to disclose that there was previously mold in the house, even after it's been professionally cleaned?

Asked by Brian, Mondamin, IA Tue Oct 27, 2009

If so how much of an effect does it have on making the sale?

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Yes Brian, that does need to be disclosed. The best thing for a seller to do is to provide receipts for the remediation along with any receipts that show whatever was done to remedy the source of the water that caused the mold.
Sherry Dixon
Prudential Ambassador Real Estate
1 vote Thank Flag Link Tue Oct 27, 2009
Everything is written on the contract. If there is written if there IS mold in the house, you should not disclose it, because it has been already professionally cleaned and problem does not exist anymore. If there is written if there WAS mold in the house, then you should disclose what you did to fix the problem.
0 votes Thank Flag Link Wed Nov 18, 2009

A good rule of thumb is to disclose anything that a reasonable buyer would want to know about before writing an offer. If you were buying a home, wouldn't you want to know of a previous mold issue?

Troy Trumm
Web Reference: http://www.TrummTeam.com
0 votes Thank Flag Link Wed Nov 18, 2009
Offer and encourage to have a mold inspection. Normally, inspections are buyer's expense. If there is a problem, seller mitigates or fixes the problem. With your full disclosure, with the buyer's opportunity to have a mold inspection, you would have an good position in a court of law if the buyer tries a suit. Now we are getting into matters of the law. I must now recommend double checking this answer with an attorney.
There is always something to worry about, isn't there.
Dean Uhing
Prudential Ambassador Real Estate
0 votes Thank Flag Link Wed Oct 28, 2009
So after disclosing the problem and selling the house, if the mold should come back 5 years down the road would I be held responsible?
0 votes Thank Flag Link Wed Oct 28, 2009
In referencing the Seller Property Condition Disclosure Statement required in the State of Nebraska, a reference to "mold" is not specifically stated. However, it does make mention of "leakages". One would assume that if there was mold it came from some type of damp or water source. It also references
"any other hazardous substances, materials, or products identified..." by EPA or other authorized source.
"Mold" could fit under this distinction as it is a health issue."
My recommendation, disclose and explain what was done. If possible have the company whoou did the
work certify that the problem has been corrected. Failure to disclose such a fact may result in a legal complaint from the buyer.
Hard to predict the result of such a disclosure on the sale of your property. But it can be much less expensive to disclose than not.
Good luck on the sale of your property.
Dean Uhing
Prudential Ambassador Real Estate
0 votes Thank Flag Link Wed Oct 28, 2009
Regarding the sale of the home...that is all in the mind of the buyer. I have found that people with allergies might shy away. In most cases if it has been sufficiently mitigated people dont have a problem with it...that's why I say show how the water was remedied because there is comfort to most buyers I have worked with if they know that there isn't still a water issue...that is sometimes the bigger issue for people.
0 votes Thank Flag Link Tue Oct 27, 2009
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