Home inspector downplays mold as 'no big deal'

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Mortage 101

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Home inspector downplays mold as 'no big deal'

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Without tested samples, advice may invite lawsuit

Tuesday, June 06, 2006

Dear Barry,

Our home is more than 50 years old and has major mold problems. When

we bought it, our home inspector said we had surface mold only and

that it was no big deal. Since then, we've had mold growing inside

the wall cavities, and we have excessive condensation on all the

windows and sometimes on the walls. The mold starts where the walls

meet the slab floor and is visible about 3 feet up the walls. How

can we find the cause and remedy of this awful problem? --Dawn

Dear Dawn,

Moisture condensation is common in older homes because they were not

built with the same degree of water proofing and vapor resistance as

we typically find in contemporary construction. Your situation,

however, sounds excessive and indicates that you may have a problem

with ground water seepage through the slab. Evaluations by various

experts may be needed to fully remedy these mold and moisture

problems. Included would be a geotechnical engineer to evaluate

ground water conditions and site drainage. Essential also would be a

comprehensive mold survey by a qualified specialist.

Your inspector was seriously out of line when he characterized the

mold in your home as " surface mold only " and " no big deal. " No one

knows if surface mold is merely on the surface, unless they've

investigated areas concealed within the construction. And no one

knows how big a deal mold is unless they survey the building and

have mold samples tested.

Mold evaluation is not within the scope of a professional home

inspection, and home inspectors generally know better than to render

professional opinions where mold is concerned. Even a mold expert

would not draw an unverified conclusion prior to laboratory testing.

Your inspector had no way of knowing whether the mold was toxic or

had infected the interior wall cavities. Home inspectors who state

conclusions about mold, without professional analysis, endanger the

health of their clients and expose themselves to serious legal

liability. Instead, your inspector should have recommended that you

hire a qualified mold specialist prior to completing the purchase of

the home.

You should notify the inspector of this situation immediately and

request that he be present when a mold specialist performs a mold

survey of your home.

Dear Barry,

The roof of our condominium has leaked every time it has rained for

the past three years. The homeowners association (HOA) has tried

repeatedly to have it repaired, but with no success. What can we do

about this, and how do we disclose it to buyers if it is not fixed

by the time we sell the property? --Joe

Dear Joe,

It's time for the HOA to find a home inspector or roofing contractor

who specializes in construction defects. There are specialists who

do this kind of forensic analysis. You could contact a law firm that

specializes in construction defect litigation and ask who they use

as an expert witness in cases involving roof defects. If the leaking

has not been repaired by the time you sell the unit, all you can do

is disclose the problem to buyers and hope for the best.

To write to Barry Stone, please visit him on the Web at

www.housedetective.com.

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