NEW YORK MOLD ASSESSORS INC

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New York Mold Assessors Inc.

MOLD INFORMATION

Mold, or more commonly mildew or fungi, has been with us for millions of years.  But over the past five years or so, for a variety of reasons, this substance has begun to have a profound impact on the real estate industry, the insurance industry, architectural and construction practices, and the legal system.

Why is mold suddenly so important an issue -- prompting real estate lawyers to consult their clients about the lurking dangers of commercial transactions, environmental lawyers to clamor for building owners and lenders to perform due diligence, environmental consultants to urge extensive and costly testing, and insurance carriers and brokers to retreat rapidly from their standard comprehensive general liability policies by adding exclusions and offering mold-specific coverage instead?

Mold, unlike asbestos or lead paint, is not a waste or pollutant, but a naturally occurring organism, flourishing in an environment enhanced by human activity.  Unlike those other environmental materials, which, if found to exist, do not multiply, mold is alive.  If you provide mold with moisture and an organic food source, it will continue to grow and spread.
 

Health Issues

For the past few years, widespread media coverage and highly visible lawsuits have caused many people to experience fear, anxiety and usually overreaction when confronted with the presence of mold.  Not all mold is potentially hazardous to human health, however, and some people are more susceptible than others to adverse health affects from toxic mold.  In some instances, individuals are totally unaffected.  Others have reactions such as cold symptoms and pulmonary problems which abate once the irritant source is eliminated.  Still others, perhaps depending on pre-existing health conditions, can experience more severe respiratory difficulties and other illnesses.

The federal and state governments, lacking the scientific basis upon which to make decisions, have abandoned the playing field almost entirely.  Unlike asbestos or lead paint, areas in which the government stepped in, set health-based standards, and regulated the conduct of affected individuals and industries, there is currently insufficient information in the mold field to make such determinations.  Science has not kept pace with the need for "safe" standards.

Legislative proposals in both the federal and state arenas have continued to languish.  There is no federal legislation[1], and only one state, California, has enacted mold legislation.[2]
 

Issues For Real Estate-Related Businesses

Financial lenders also have been sensitized to the mold issue and may require property-owning borrowers to make some or all of following representations and warranties: 


1.  The subject premises currently display no evidence of water infiltration or water damage;

2.  There are no prior or current complaints (leaks, odors, etc.) by tenants at the premises;

3.  The subject premises currently display no evidence of conspicuous mold growth;

4.  The subject premises are in compliance with any applicable building code currently in effect in the state where the property is located.

Lenders also have imposed new requirements for operation and maintenance on borrowers as conditions to loans.  These include:  mold management through training of maintenance personnel;  preparation of manuals for mold prevention and response; routine inspections; and identification and remediation of mold.

Property owners also have reacted.  Now more and more commercial transactions involve due diligence to evaluate buildings for the actual or potential presence of mold contamination.  Environmental representations and warranties in transactional documents have been expanded to include mold/fungi/bacteria within the more traditional definitions and requirements affecting hazardous wastes and contaminants. 

MOLD LABORATORY RESULTS & MOLD REMEDIATION WORK DONE TO THE PROPERTY

If the property dont require mold remediation or if is remediated you need to show the potential buyer the evidence of the work performed on the house and the laboratory results due to the remediation.

The information of the contractors involved, their license information and the contact information.

 

Transparency on a property sale is the clue to success and the way to go. The real estate law is very important and protects the consumers as well as the real estate sellers if you apply the law requirements.

 

Taking a risk of selling a property when you suspect the actual mold contamination conditions only hurt you "the seller".

Make sure you call us for mold testing and inspections and we can document the real conditions of a property before the sale.

 

New York State Property Disclosure
 
What Do Sellers Disclose To Potential Buyers
 
When it comes to disclosing the material facts about the property. The homeowner is required to disclose any physical flaws of the property, improvements, renovations or upgrades. Here are some examples of material facts that you will be required to disclose:
  • The roof leaks
  • The basement has flooding
  • The foundation of the property has cracks
  • The furnace is not working properly due to failed heating exchange
  • The neighbors garage driveway is partially in your lot
  • The home does not legally conform to the lot
  • High radon levels
  • Mold in the home in excess levels
 

WATER DAMAGE OR POTENTIAL MOLD PROBLEMS

 

REAL ESTATE DISCLOSURE OBLIGATIONS

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