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Home Mold and Mildew

Mold and Mildew is Health Hazard in Sequim House

Chuck Marunde by Chuck Marunde
September 19, 2019
Reading Time: 2 mins read
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Mold and mildew can be a serious health hazard in homes. I represented a gentleman when I was still practicing real estate law about 13 years ago who purchased a home in Sequim that was full of high levels of mold and mildew. He sued the seller for misrepresenting the condition of the home. While this kind of litigation often results in huge judgments in California and Texas and elsewhere, in Washington judges didn’t know what standard to use to make their decisions, because no standard has been established.  What standards of mold levels identify health endangering levels is difficult, especially because mold effects each person differently.
MoldMold in Sequim Homes?

The Plaintiff purchased his home and moved in. He was a bachelor, but would have friends come over to play cards and his granddaughter would come to visit. Coughing, sneezing, runny noses and itchy eyes triggered questions by the Plaintiff until he decided to hire an expert from the Seattle area to take samples and get lab results. The expert’s testimony at court was that after 14 years of doing this kind of testing in Washington, this home rated in the 97th percentile of the most polluted homes in the State.

Sequim Buyer Discovers Mold

The Sellers had made changes to the heating and circulation system that were not according to design and installation specifications. The crawl space acted as the plenum for the forced air, but the design called for a concrete floor, but the Sellers only used visqueen on the dirt ground. The mold built up throughout the house to very high levels, which would have required very expensive cleaning and replacement to make it inhabitable. The Sellers had not disclosed this to the Buyer and so it was misrepresentation and fraud.

The judge granted judgment in favor of the Defendant Sellers based on his decision that every human being is different, and that there are no medical standards that define what is unacceptable or dangerous. After the judgment, the Seller had a problem: he had to sell the house and disclose the mold problem, but who would want to buy it then?

Mold in Older Homes

If you’re buying an older home, or even a home that is only a few years old, due diligence in hiring the right professionals to put you on notice of health hazards is obviously very important. Wisdom would dictate that you have the right contingency language in your offer that gives you the right to have a professional inspect the house before you buy it. Does your real estate agent have the depth of knowledge and experience to protect you from mold in your Sequim home?

Last Updated on September 19, 2019 by Chuck Marunde

Tags: MildewMoldSpores
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Chuck Marunde

Chuck Marunde

Chuck grew up in remote Alaska, graduated from the University of Alaska with a degree in Economics and Teacher Certification, and after teaching high school for two years, went to law school at Gonzaga University in Spokane, Washington. He served four years as a Captain and JAG in the USAF at Nellis AFB in Las Vegas. After practicing real estate law for 20 years in Washington, Chuck founded iRealty Virtual Brokers covering Sequim and the beautiful Olympic Peninsula. He is the author of 2,200 real estate articles and 60 books, and he produced over 100 real estate videos. Chuck combined his love for real estate and technology to create a massive Internet presence, and his articles and videos and books have been viewed by millions. Chuck is a well recognized real estate expert and his counsel is sought by other brokers and practicing attorneys around the country. Buyers from New York to Hawaii and from Florida to Alaska seek him out to retain him as their Sequim Buyer's Agent. 

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Comments 8

  1. Mary Mold says:
    13 years ago

    I am amazed that when the house was bought the mold was not caught. When I bought my house they required a mold inspector to come out TWICE! It was not cheap but in the end it was worth it to know that the home was clear of mold and I was not buying a “sick” house.

    Reply
  2. Michael Goren says:
    13 years ago

    You’re a really good writer. I’ve read several of your articles today, and decided to follow you with your RSS feed.

    Reply
  3. Sharon says:
    13 years ago

    I thank you for this article. I had a couple of questions and was searching the Internet for answers, and I found them on your site. Good stuff. Thanks again. By the way, I love your writing style, because you have great content but you also make the subjects enjoyable to read. I’m going to order your book, The New World of Marketing for Real Estate Agents, from Amazon.

    Reply
  4. Belfor Springfield says:
    14 years ago

    Thats too bad for the guy who owns the mold infested house. He should have won that settlement I think. Now he has to take a financial dive on the property because the previous sellers cut a corner.

    Reply
  5. Halyna says:
    14 years ago

    Very unfair court decision on this issue. I know mold appears in areas with excessive humidity. To remove mold and fungus will be very costly and take a lot of time.

    Reply
  6. health says:
    14 years ago

    You’re right about mild and mildew being a health hazard. Great article.

    Reply
  7. varcvn says:
    14 years ago

    Good lists!!!

    Reply
  8. Sang Min says:
    14 years ago

    Interesting article, especially the part about the judge ruling in favor of the Seller. Strange that things like pollution aren’t enforceable in court? Thanks for the good read.

    Reply

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