We bought a new home 3 months ago.  I noticed quickly that our master bedroom which sits on a slab was very humid.  I measured the humidity at around 70-80%.  The room smelled musty.  Recently my wife has begun to have allergic reactions which seem to be worse at night when she is in the bedroom.  There is only visible mold growth in one place…on the wall behind a toilet.  We purchased a test kit from Pro-Lab and saw 5 spores show up after 48 hours.  My wife is going to an allergist to see if he can provide any direction as to whether her allergies are mold caused.  Assuming they are, what is our alternative? Is there any legal precedent to getting the seller to remediate or purchase back the home?-Doug , Vermont 

            The high humidity, musty smell, and your wife’s allergic reactions suggest that your house has at a minimum a localized mold infestation/exposure problem.  The Pro-Lab kit results are of very little use in identifying/evaluating a potential mold problem.  The presence of mold growth above the toilet already tells you that.  There are several questions that need to be addressed.  These include:  Why do I have a mold/moisture problem in the bedroom?  Is what I see all there is to the problem or is it more extensive?  To answer these questions an intensive inspection of the bedroom needs to be conducted as well as an investigation of other potential moisture/mold problems in other parts of the house.  This would be best conducted by a professional.  It is likely that remediation of both mold-infested building materials and the cause of the moisture problem that contributed to mold growth will need remediation. 

            Your prospects of getting the seller to remediate or buy back the house depend on what the exact circumstances of the house transaction were.  In our state (Indiana) real-estate contracts make reference to disclosing the presence of any “known” mold problems.  As such, if the seller knows about it, he/she is legally obligated to communicate that to potential buyers.  Many sellers will, of course, claim ignorance (whether it is true or not) of any mold problems. 

            In the latter case one would have to file a civil suit that claims that the seller failed to disclose and thus engaged in a fraudulent activity.  In such cases the seller is in considerable jeopardy and would best quickly settle with the buyer to reduce costs and anguish to both parties.

However, that is not how it usually works.  The seller often goes into a defensive posture and denies any knowledge and therefore responsibility.  It is usually mostly about the money that it would cost and being convinced that it is the seller rather than the buyer that is being wronged. Nevertheless consulting with an attorney would be appropriate. 

            The circumstance you describe could have been avoided if you had engaged a good house inspector to evaluate the property before you purchased it.  However, many home inspectors are new to the mold concern and may not be sufficiently trained to conduct a good mold inspection or may not consider it that important.

 

September 17, 2004

Indoor Environmental Quality (2000), Thad Godish Ph.D., C.I.H

Direct E-mail 00tjgodish@bsu.edu