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Frequently Asked Questions About Mold By K. Michelle Lind Reviewed: March 2007 |
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Why the sudden interest in mold? Mold in the home is not new. However, recently there have been many media reports dealing with the potential health effects of mold. There have also been several sensational media reports of large verdicts in lawsuits against the insurance companies, builders, and landlords in mold-related claims. Unfortunately, there are also an increasing number of mold-related lawsuits against sellers and real estate agents. The phrase "mold is gold" has become common place as some seek to capitalize on homeowners' concerns. Mold inspection and testing is now being aggressively marketed and there are websites referring people to lawyers that practice in the area of "toxic mold" and "toxic tort" lawsuits. With all of this attention, people understandably have questions about mold. The following are answers to some of the most frequently asked questions. What is mold? Mold is a "fuzzy, cobweblike growth produced on organic matter by several types of fungi. Molds thrive on a great many organic substances and, provided with sufficient moisture, they rapidly disintegrate wood, paper, and leather." Encarta® Online Encyclopedia. What are the potential health effects of mold in homes? The National Center for Disease Control ("CDC") indicates that mold exposure does not always present a health problem. However, some people are sensitive to molds and may experience allergy-type symptoms, such as nasal stuffiness, eye irritation, or wheezing, when exposed to molds. Others have even more severe reactions to molds, such as fever and shortness of breath, especially if exposed to large amounts of molds. People with chronic illnesses, such as obstructive lung disease, may develop mold infections in their lungs. What is toxic mold? According to the CDC there are some case reports that "toxic" molds, those containing certain mycotoxins (literally "fungus poisons"), inside homes can cause pulmonary hemorrhage or memory loss. These case reports are rare, and a causal link between the presence of the toxic mold and these conditions has not yet been proven, although studies are still underway. Stachybotrys chartarum (a.k.a. Stachybotrys atra) is a greenish-black mold that is often referred to as "toxic" mold. Is all black mold toxic Stachybotrys? No, there are many black-colored molds. For example, the black mold commonly found in bathrooms is not Stachybotrys. Stachybotrys can only be identified by mycologists (biologists that study fungi) through microscopic exam. See "Facts about Mold," New York City Department of Health, Environmental and Occupational Disease Epidemiology, February 2001. Are all molds "toxic"? No. There are thousands of different kinds of mold, but only a few are considered "toxic." How do molds grow inside a home? The CDC indicates that molds naturally grow in the indoor environment. In fact, mold spores are everywhere and travel through the air. When mold spores drop on places where there is excessive moisture or where there has been flooding, mold will grow. Many building materials, such as ceiling tiles, wood and wood products, wallpaper, insulation materials, drywall, and carpet support mold growth when wet. How can mold be eliminated? Mold can be found almost anywhere. There is no practical way to completely eliminate all mold growth. Mold can be controlled, however, by controlling moisture. Are there any standards for mold contamination? Currently there are no EPA regulations or standards for mold contaminants. However, California has enacted legislation that requires the California Department of Health Services to set permissible mold exposure limits. Should homes be tested for mold? The Arizona Department of Health Services (ADHS) does not recommend testing as the first step to determine whether a home has a mold problem. ADHS advises that if you can see mold, or if there is an earthy or musty odor in the home, there is probably a mold problem. Further, the Environmental Health Investigations branch of the California Department of Health Services states that at present there is no environmental test to determine whether mold growth found in buildings is producing toxins. There is also no blood or urine test that can establish if an individual has been exposed to Stachybotrys or its toxins. What if a buyer wants to test for mold? If a buyer decides to test for mold, the buyer should be cautious about the contractor retained. There is no licensing agency for mold contractors and an ADHS spokesperson cautions that there is a wide range in the quality of these contractors. However, some home inspectors, industrial hygienists and other environmental contractors are willing to collect and analyze mold samples for a fee. What should be done if mold is present in the home? In most cases, mold can be removed by cleaning the moldy surface with bleach and water. ADHS recommends that the homeowner correct the moisture source; clean, disinfect and dry the moldy area; and bag and dispose of any material that has moldy residues. ADHS also advises that health precautions be taken during clean up; if there is extensive mold, a professional service should be consulted. Must mold in the home be disclosed? Generally speaking, where a seller of real property knows of facts materially affecting the value of the property that are not readily observable and are not known to the buyer, the seller is under a duty to disclose those facts to the buyer. Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (App. 1986). Additionally, pursuant to the AAR Residential Resale Purchase Contract, the seller is obligated to disclose all known material latent defects that materially and adversely affect the consideration to be paid by the buyer. Since mold in a home could be considered a material fact, it should be disclosed. How can real estate professionals reduce the potential for being involved in a mold-related lawsuit? The potential legal problems related to mold can be reduced by disclosing known mold problems and by educating both buyers and sellers on the mold issue. How can real estate professionals educate buyers and sellers about mold? ADHS has an excellent brochure, Indoor Air Quality Info Sheet Mold in My Home: What Do I do?, that provides a wealth of information on the subject in an easy-to-read format, which can be provided to clients and customers. Other good resources are listed below or may be obtained from AARonline.com Further, sellers should be educated that they should disclose any actual knowledge they may have of mold in the home. Also, sellers should disclose any significant water damage or flooding in the home, since moisture is a precursor of mold. What is AAR doing to address these concerns about mold? AAR is educating its members about mold and distributing the ADHS information sheet on mold. AAR has added a variety of questions regarding mold and water damage to the Seller Property Disclosure Statement to prompt the appropriate disclosures. In addition, buyers are now advised to consider inspecting for mold in the AAR Home Buyer's Checklist. Additional sources of information on mold: Environmental Protection Agency Mold resources Posted: 10/26/01 K. Michelle Lind, Esq. Michelle is general counsel to the Arizona Association of REALTORS® (“AAR”) and a State Bar of Arizona board certified real estate specialist. She serves as the primary legal advisor to the association, provides legal direction in the development of standard forms, is involved in legislative advocacy, and assists in the association’s educational efforts. Please note that this article is of a general nature and may not be updated or revised for accuracy as statutory or case law changes following the date of first publication. Further, this article reflects only the opinion of the author, is not intended as definitive legal advice and you should not act upon it without seeking independent legal counsel. |
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