Does a real estate agent have to disclose black mold?

Asked by Orionsninjabelt, 07002 Thu May 19, 2011

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15
Lyle Wolf, Agent, Morristown, NJ
Sat May 21, 2011
If there is Mold it should be disclosed. Just because an inspector says there is mold does not mean it is mold unless it was tested and the test said so. We recently had an inspector say there was mold, but it was only dirt, not mold. Also mold can be remediated.

This website will tell you all about Mold.
http://www.epa.gov/mold/
1 vote
Jeffrey Halp…, Agent, Hopatcong, NJ
Fri May 20, 2011
If the mold has been certified by a reputable licensed inspector, or by the seller, than yes.
1 vote
American Env…, , Ramsey, NJ
Thu Nov 14, 2013
The realtor should be responsible to disclose evidence of Mold, Asbestos, Lead paint, etc. Once these and other items such as open construction permits and in-ground oil tanks are found ( by a professional) the buyer has a right to that information. It is the realtor that the purchaser depends on for such information.
0 votes
Joseph Runfo…, Agent, Staten Island, NY
Sun Dec 4, 2011
Yes. Regardless of whether the agent represents the buyer or the seller, there is a responsibility for disclosing known hidden defects to the buyer. A broker/agent may not maintain confidentiality if the information is something he/she is obligated to disclose because of the duty to deal honestly with a customer.
Web Reference:  http://www.clovelake.com
0 votes
Brian Kim, Agent, Edgewater, NJ
Tue May 24, 2011
Yes, agents must disclose mold.
0 votes
Gerard Carney, Agent, Spring Hill, FL
Sat May 21, 2011
If the Agent has been informed that there is Mold, then he or she will disclose it. Again as always I wish to remind you that it is not the agents duty to discover but rather only disclose!
0 votes
Cynthia Freu…, Agent, Warren, NJ
Sat May 21, 2011
Real Estate Agents are often called on to give "professional opinions" on things that they are often not trained professionally to give a judgment on. A Realtor can and should direct you to properly licensed professionals, like inspectors, lawyers, etc. If a home owner discloses that there is mold, then yes the agent is required to disclose that to his/her clients. In my experience, they usually do; I always do. So Jeff is correct in his admirable brevity. (Oscar Wilde would approve). But if you have a question about anything specific in the physical condition of a home that you are interested in buying, get an inspection!
0 votes
Christopher…, Agent, Tarrytown, NY
Fri May 20, 2011
Hi, yes if it is known by the agent and or seller.

Christopher Pagli
Licensed Associate Broker
Accredited Buyer Representative
GREEN Designated Agent
William Raveis Legends Realty Group
914.406.9023
Web Reference:  http://raveis.com/chrispagli
0 votes
MARLON VITE, Agent, Bayonne, NJ
Fri May 20, 2011
YES:
But never be scared, that blue or black stuff in your bathrooms and kitchens is most likely mold and dirt, all properties have mold and usually start building up in wet places like bathrooms, kitchens, etc, it is nature's way of recycling. Drying is the cheapest UN-SCARY way to preserve in a healthy way. How you clean it? the same way you clean wet places, bathrooms, kitchens, and decay by yourself or by hiring help.
Broker Marlon Vite C 201.321.1469
0 votes
Marc Paolella, Agent, Succasunna, NJ
Fri May 20, 2011
Hi Orion,

Yes, absolutely. If an agent knows of a mold condition, the disclosure must reference it. If the seller objects or does not want to, then the agent must reject listing the property.

Marc Paolella
Relocation Director/Appraiser
Century 21 Joe Tekula Realtors
201 Route 10 East
Succasunna, NJ 07876
Phone (direct): (973) 584-4235
Free, no sign-up, map-based home search: http://www.marcpaolella.com
0 votes
Laura Gianno…, Agent, Manahawkin, NJ
Fri May 20, 2011
If the real estate agent knows there is mold it must be disclosed. So if the mold is visible, or the sellers have indicated there was mold remediation that the agent is aware of, it must be disclosed. A real estate agent is not an inspector. and most do not have training in mold testing.

If you suspect mold in a home you want to purchase, mold remediation estimates are free. Air testing is not free, but it might ease your mind.
0 votes
Jeanne Feeni…, Agent, Basking Ridge, NJ
Thu May 19, 2011
Agreed - but still recommend that you hire a very good inspector.
Web Reference:  http://www.feenick.com
0 votes
Alex Kushnir, Agent, Monmouth, IL
Thu May 19, 2011
A real estate professional must disclose to a prospective buyer known material defects or conditions
affecting the value of the property. Over the years, the courts and legislature have expanded the affirmative
duties imposed upon real estate professionals to disclose conditions that could adversely affect the value
of a property or impact a reasonable buyer’s decision to purchase a property. It has long been the rule that any known material defects in a property must be disclosed by the broker to prospective purchasers. So, for
example, if the broker is aware that a property has a water problem or is infested with termites, such
information must be disclosed. Real estate professionals will be subject to liability if they fail to disclose a known material defect to a buyer if the condition is not readily observable to the buyer.
0 votes
Nancy Sheehan, Agent, Lady Lady, FL
Thu May 19, 2011
When the Realtor knows that there is black mold, yes, it must be made known.


Nancy Sheehan Realtor GRI BSBA
Remax Premier Realty
13940 Hwy. 441/27 Bldg.800
Lady Lake Fl. 32159
The Villages
Web Reference:  http://www.nancysheehan.com
0 votes
Jeanne Feeni…, Agent, Basking Ridge, NJ
Thu May 19, 2011
If the seller is aware of a mold issue, the seller should disclose it. We use a Seller's Disclosure Statement as a framework for a seller to share/disclose what they know about their home. That disclosure is given to the buyer. While good info for sure, it does not replace a thorough home inspection.

Best,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference:  http://www.feenick.com
0 votes
what if a seller is told by the real estate agent that they must remedy a mold issue before selling, then the seller puts up sheetrock to hide the mold and switches real estate companies & does not tell them then proceeds to sell the mold hidden molded home....then seller becomes a real estate agent a few years later? Not great ethics, would you say? Is this illegal also?
Flag Wed Oct 3, 2012
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