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Ann George, Home Buyer in 32204

Who will fix a mildew/mold problem in this house before purchase?

Asked by Ann George, 32204 Sun Dec 28, 2008

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If a Bank owns it or it is in short sael you wil have to. If the home is regualr resale home then it is negotiable between you and the seller. The otherpart of an addendum you were shown as part of a real document I will never use unless it is part of the contract forwarded to filled oput by the Bank that owns the property if already in foreclosure or in a lot of cases being sold as a short sale. The bank does not have to do any repairs what so ever. But if you offer more for the hme with the contingency of repairs to be made then they may. Wells Fargo has an excellent program to renovate a home. Chek it out with them if oyur Realty Agnet does not have any information on it. ALso being they own Wachovia bank now they may have the saem thing started or starting.
0 votes Thank Flag Link Sun Dec 28, 2008
Hello Ann George,
If you are in the process of purchasing a home and mold/mildew was noted in the inspection report, your agent or representative should have included an Addendum to the Purchase and Sales Contract addressing this issue. It would read like tis:

1. BUYER, at BUYER’S expense, may have a qualified professional conduct an inspection of the
Property for mold within 20 days after date of acceptance of the Agreement (“Mold Inspection

2. BUYER shall be responsible for prompt payment for such mold inspection and repair of damage to
and restoration of the Property resulting from such inspection.

3. If the mold inspection reveals the presence of mold in the Property which requires professional
removal or remediation, BUYER may terminate the Agreement by delivering written notice to
SELLER of such election no later than 48 hours after expiration of the Mold Inspection Period. If
BUYER timely terminates the Agreement, the deposit shall be immediately returned to BUYER
and BUYER and SELLER shall be released from further obligations under the Agreement, except
as provided in paragraph 2 above and in the Agreement.

4. If BUYER fails to conduct the mold inspection permitted in this Mold Inspection Addendum or, after
having conducted such inspection, fails to timely notify the SELLER of BUYER’S intent to
terminate the Agreement, or if the mold inspection does not reveal the presence of mold in the
Property which requires professional removal or remediation, BUYER may not terminate the
Agreement pursuant to this Mold Inspection Addendum.

5. This Addendum does not obligate SELLER to incur any expense for mold removal or

I would suggest that you and your agent get two estimates for Cleanup/Remediation and then negotiate this amount with the seller.

With warm regards,

Judy Laufer
Home Buyer Magazine 2009, Five Star Realtor
Premier Property Certified
Vanguard Realty, Inc. GMAC Real Estate
Cell: (904) 955-8588
Fax: (904) 880-5138
0 votes Thank Flag Link Sun Dec 28, 2008
St Lawrence gives a good answer and I ADd:
Contract will state who pays and to what limit. There is good mold which is easy to treat and "bad" mold which is much harder.
O3 treatment can also help.
Should seller do the mitigation suggest you get your own inspector to inspect the work done (this will be at your cost) to assure the work was done right.
If you have a good real estate sales person helping you he/she can help you through all this.

And St. Lawrence makes a most important point, what caused this mold- it needs to be fixed.
0 votes Thank Flag Link Sun Dec 28, 2008
St. Lawrence is correct. But is also going to go according to the parts of the contract stated as D & N for repairs. The sellers may know about it but can not afford to take care of it. Negotiate the price down far enough to make up the difference then get that money in cash to pay to fix the problems. Also many Fully Certified Home inpsectors may also have Mold training. As St. Lawrence mentioned it is going to depend on the severity- the type of mold in the home( BLACK IS THE WORST, It Grows Spores). If your working with a Realtor to buy then they will have plenty or should have plenty of fliers and cards of State and Nationally Certified Inspectors to choose from. Also your building inspector should be able to find the leak problem that is causing or did cause the mold problem. Good Luck
0 votes Thank Flag Link Sun Dec 28, 2008
Everything is negotiable, but I would suggest you try to get the Seller to fix it as it can get expensive. Be sure you only have a State Certified Mold Mitigation contractor do the work.

Mold needs to be tested for how dangerous it is. Safe mold, that is Non Toxic Mold is easily treated. Toxic mold requires extensive protection of the rest of the environment (home)

In either case, mold comes from a water problem. You also need to fix THAT in order to eliminate any future problems.
0 votes Thank Flag Link Sun Dec 28, 2008
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