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?

Sample Realty


Dear Sample Realty,

It depends 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 possession 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, which include factors other than a substandard mold inspection. It would depend on how long after the inspection you found mold. Or, was it after a powerful storm or a leak, or after some obviously discernible direct cause?  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 may be the most responsible. Furthermore, did the inspector simply test the air, or were there different kinds of tests used? For example, thermal imaging enables Bye Bye Mold™ 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-friendly environments shortly after a leak occurs, 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.

If you need a professional mold clearance test after remediation, please consider Bye Bye Mold™. You can contact us at 1 (800) 686-1992, 24/7, or via our user-friendly e-mail form.

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