Ah, yes, the perennial issue – Mold. As you have no doubt know, mold is everywhere. It doesn’t take much for mold to appear in your House.
A few Michigan seller disclosure cases have resolved mold issues. Our office represented the Sellers in one of those cases. The result of that case was consistent with our advice to the client – the Sellers need not disclose mold they fully remediated. The Buyers’ contentions that the Sellers should have disclosed the mold found elsewhere behind the walls were unfounded, because the Sellers did not know about it when they sold the house.
The Seller Disclosure Statement (SDS) does not present a single question devoted exclusively to mold. The closest question is #10 in the SDS Section entitled “Property conditions, improvements & additional information,” which probes “environmental conditions.” The several Courts interpreting this clause have, generally speaking, included mold among the conditions which must be disclosed here. Houses in Troy, Rochester Hills, and anywhere in Wayne, Macomb or Oakland Counties can easily contract mold problems, given our conditions here.
It all comes down to what the Seller knew or could have known. If the Seller has performed remediation or had a professional do so, the obligation to disclose becomes more compelling, but not necessarily mandatory. The severity of the mold, the effectiveness of the remediation, and the extent of the Seller’s knowledge are all factors which weigh on the legal necessity to disclose the previous mold. All of these questions raise tricky judgment calls for Sellers, who should not hesitate to contact Lambert Law when such questions arise.
Caution: This article provides general information and is not legal advice. You should contact Lambert Law, 407 6th St., Ste A, Rochester, MI 48307 (248) 642-7774 if you seek specific legal advice regarding the topics discussed above.
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