Does home seller need to disclose previous mold issue to buyer?


A home seller must disclose to the buyer anything problems that materially effect the value of the home.  However, if a prior problem has been completely repaired and fixed, it does not have to be disclosed to the buyer.


John: Thank you for taking my call Tom. Good morning? Congratulation.

Attorney Tom Olsen: Thank you.

John: A couple years ago, I actually had some mold remediation done on my home. I actually had to move out and the builder covered it all luckily. But it was basically like new construction. It was just a quick patch job. I'm getting ready to sell my home. My question is, do I have to disclose that on the seller's disclosure? Please just tell me I don't really have to.

Attorney Tom Olsen: That is a tough call John. But at the end of the day, I'm going to tell you that if in your mind this issue was fixed and remedied completely, that you would not need to disclose it to your buyer. I'm sorry John. Okay? I think it is the same thing if you have a roof leak and you go out and get a higher roofer to fix that leak. As far as you know that leak is fixed, you do not need to disclose it to your buyer.