Seller and Home Inspector being sued over Toxic Mold conditions. Read the full article here:
Humm interesting but what I don’t mention on this article is how they came about and where was the fungus found first…
Since they are suing for something which doesn’t exist in the scientific world(“toxic mold”) it will probably get thrown out rather quickly. I’m sure that contractor’s assessment and recommendation to gut the home is full of holes waiting to be exploited. Too bad there are still clients and lawyers trying to catch a gravy train which has left the station.
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You took the words right out of my mouth Cameron
Mold in asbestos floor tile?
Hummmm… :-k
Did someone miss something here?
Mold testing should be disclaimed in every home inspection report, along with any other environmental concern. Mold is not part of the home inspection. It should be separate, as is radon, termite, etc.
I was threatened a lawsuit in 2005 because of a mold issue, that I disclaimed in the report. Mold was found in the home behind cut-outs in the sheet rock walls. What a surprise is that the concentration of mold was lower in the home, than outside. Again, mold concentrations were higher outside the home, than inside.
New owners threatened everyone from me, to the REA, to the home owner. The buyer said that his family was sick for weeks, and that their doctor told them that they were sick from mold.
It was finally found in huge concentrations on the pillows and linens that the buyer had in storage from another home sale.
Molds are everywhere, and natural to the environment. You have to be the one to stop the gravy train before it starts. There are no local, state, or federal minimum mold standards, so why a lawsuit is put forward? Oh, for the money of course.
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Here is what a home inspector should take away from reading this lawsuit …
Mold damage is not a peril covered by an insurance policy. Discovery of mold damage, by itself, will not result in a payment to a home owner.
The home owner named in this suit apparently attempted to recover his losses under an insurance claim and coverage was denied. In his suit against the insurance company, the home owner’s attorney chose the shotgun approach and is suing the insurance company, the home seller and the home inspector in one action expecting some or all to attempt to settle out of court.
If there is anything surprising at all in this suit is the fact that the home buyer chose not to include the real estate salesman among his many targets.
Unhappy home buyers often file lawsuits and, when they do, they will include most (if not all) of the parties involved with the sale of the home.
Reason # 348 as to why a home inspector should want to visibly distance himself from all parties who financially gain from the sale of a home.
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“Mold in asbestos floor tile?” He did not say that there was mold in the asbestos floor tile. He said it would have to be removed as part of the remediation. I am not sure what the new EPA law states, but I do know that all asbestos and lead would need to be removed - and this would depend on the scope of work to be done.
all houses are full of mold. Its in the air we breath. Personally I am happy there is air to breath. Im just saying.
Yeah Rob, mold is the largest bio-mass on earth.
I use the INachi inspection agreement which excludes mold, toxic substances, radon etc.
If I perform a mold screen and/or sampling, an additional agreement is executed.
Doesn’t stop someone from suing you though…
And you have to defend yourself.
Has any home inspector represented themselves in a lawsuit about mold due to your E&O insurance lawyer denying representation saying you should have called them when the first complaint came thru? Even tho I called them immediately once I actually got served papers about a year later?