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divya_vis, Renter in Indianapolis, IN

Mold - Hold harmless and release form

Asked by divya_vis, Indianapolis, IN Thu Aug 16, 2012

We are new to the Indy area and with our lease we were given a Mold and Biological chemicals hold harmless and release form. I was taken aback as we were not informed there was mold in the house but the agent said its common practice in Indy to sign this and that mold is everywhere and could exist in the house. Is this true that its common practice? should we sign?

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It is common for buyers to be asked to sign a mold release when either viewing or purchasing a bank-owned property in the Indianapolis area; I am not aware of a similar practice for leases, but it makes logical sense. I suggest you consult an attorney who specialises in real estate, but at least read the form to make sure it only holds the owner harmless from a lawsuit and does not in any way affect your right to break the lease without penalty if mold is found and your health is affected in any way.
0 votes Thank Flag Link Thu Aug 16, 2012
It is just an ADVISORY>

They want you to be aware and educated.
You are only signing to signify that you have received the booklet, you are not acknowleding that you have MOLD.

Mold grows everywhere, (except the desert) and you need to know how to handle it.

Good luck and may God bless
0 votes Thank Flag Link Thu Aug 16, 2012
Great question.

This is really a question best answered by an attorney. I can say from experience that landlords have all sorts of CYA disclosures and waivers, and a mold waiver is very common. The waiver doesn't necessarily mean that there is mold presently in the house.

If you'd like a good attorney referral, I'm happy to help with that.

Cheers!

Joe Shoemaker
Principal Broker, REALTOR®
MacDuff Realty Group, LLC
317 413.8501
joe@joeshoe.com
http://www.facebook.com/joeshoe
http://twitter.com/#!/jojosmojo
0 votes Thank Flag Link Thu Aug 16, 2012
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