Why don't banks disclose the mold problem?

admin — Mon, 26 Oct 2009 16:59:49 +0000

Are Realtors obligated to disclose mold problems in a foreclosure? The short answer is yes, but unfortunately things aren’t always done as they “should” be.

Why Should It Be Disclosed?

A mold problem in a home falls into the category of “Material Defect”. In the state of Maryland, any Material Defects that are known by the seller or listing agent must be disclosed, regardless of the Annotated Code of Maryland, Real Property Article, Section 10-702. The catch is that the seller must have knowledge of the defect.

Banks Don’t Disclose

Banks typically avoid making any sort of disclosure, and rather sign a disclaimer stating they have know knowledge of the property and it’s potential defects. Since the bank has probably never actually visited the property, how can they know there is a mold issue?

Banks Should Disclose

It stands to reason, however, that someone involved in selling the property (such as the Realtor who lists the property) has seen and is aware of a possible mold problem. If there is a latent defect such as this, and it is known, then it is the responsibility of the listing agent and the owner (The Bank) to disclose such problems. What should happen, and what does happen, however, can be two entirely different things.

Are they Trying to Hide It?

With the massive mold growths I’ve seen in so many foreclosures, it’s impossible to hide the fact in many cases. the concern that I, as a Realtor, have is that there is a potential health risk involved in showing these properties. It’s a weekly occurence now: I go out, show a dozen or so moldy foreclosures, and go home with a splitting headache and nausea. At it’s core, this is a health risk, for both me and my clients.

The concern many banks have is that mold stigmatizes a property (DUH!) and reduces it’s value. Their risk of exposure to a lawsuit is minimal (You gotta prove they knew the home had mold), and so the less they say, the better, at least in their mind. In the mean time, myself and my clients get to deal with the headaches, nausea, dizziness, and shortness of breath that goes along with heavy mold exposure. Lucky Us.

~Jonathan Benya- Realtor
Century 21 New Millennium
9405-A Chesapeake St
La Plata, MD 20646
301-609-9000 – office
301-653-8116 – cell

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Got Mold? Know Your Options (And protect your health) When Buying a Home in Charles County!

admin — Fri, 04 Jul 2008 10:31:38 +0000

You may or may not be surprised to find out there are quite a few foreclosures on the market in Charles County, Prince George’s County, and Southern Maryland that are suffering from mold problems. I’ve found myself walking into homes on more than one occasion that had serious mold growths that were not mentioned when I made the appointment to view the home. Perhaps agents don’t realize the health/legal risk they are putting themselves in, and the risk to other agents, buyers, etc.; or perhaps they don’t care.

Because I work with foreclosure buyers on a regular basis, I see homes with mold every week. Often times my clients will ask me what to do about mold growth because they REALLY like the house and the price it’s listed at.

The answer is simple: They REALLY like the price because mold problems can be REALLY expensive to rectify. We all know that mold likes to grow in dark, damp places, right? It’s a safe bet to assume that if you see mold growing on the walls in a home, the growth is probably much worse on the inside of the wall. If the mold growth is due to basement flooding, is there any chance that mold is growing around the heater or air conditioning unit? If so, it’s possible that mold could be creeping up the ductwork.

My recommendation is this: If you’re looking to buy a home and it has a mold problem, the safest bet is to just move on. Why risk your health and well-being to save a few bucks on a home? (Bear in mind that molds such as Stachybotris are carcinogenic and have been known to cause respiratory problems, headaches and bloody noses with short-term exposure. This stuff is potentially lethal!)

If you’re determined to purchase, get air quality samples taken and tested. Have a remediation specialist evaluate the home and explain the cost of repairs/removal. Spraying bleach on the mold and calling it a day doesn’t quite cut it. Mold can and will grow back if not properly treated and removed.

I don’t want to sound like a doomsayer, but in all honesty, why on earth would anyone want to place themselves and their health in such a high-risk situation?

Also, bear in mind that if a home is being sold as-is and the owner or listing agent knows that there is a mold problem, they are REQUIRED to disclose that information. It’s what we call a "material defect" in the home. Not disclosing that sort of information can lead to some pretty serious lawsuits, so it’s important for Realtors to understand this and "do the right thing"!

~Jonathan Benya