Mold is in the Letter of the Law

Dear George,

We just bought a house and before we closed escrow we had a mold inspection. The inspection showed no mold issues after air samples. After we moved in we have found mold in 4 rooms, is the mold inspector liable for the costs we are incurring ?
Signed,
Sample Realty

Dear Sample,
It depend on the nature of the assessor’s contract. In fact, this is a legal question that can best be answered by a lawyer who is in full awareness of all of the facts of the issue.

Currently there are no legal standards for mold assessors.

That said, (and remember this is not a legal opinion!) the liability would depend on a number of factors. It would depend on how long after the inspection you found mold. Twelve years later, or after a powerful storm or a leak, or some obviously discernible direct cause, no. But there may be other factors involved than a substandard mold inspection. It may be that the mold inspection actually was clear, but a faulty repair or purely cosmetic cleanup occurred. In that case, the construction company would be the most responsible. Furthermore, did the inspector simply test the air, or were there different kinds of tests used? Thermal imaging enables ByeBye MoldTM inspectors immediate non-invasive high-resolution evidence of potential moisture and heat conditions. The precise temperature measurement capabilities of thermal imaging are most effective for finding mold situations shortly after a leak occurred, which is the optimum time to locate and pinpoint sources of water intrusion. But again, if the leak occurred after the inspection, and the mold grew after the leak, these factors complicate the issue.

How can a tester be liable if all he does is test, and mold grows AFTER the assessment? There’s the rub.

Probably a different legal situation for a remediated which is a different thing entirely.

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