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Directories Int'l Realty US Realty
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Mold: Emerging Real Estate And Legal Issue Stuart Lieberman, Esq., Have you heard that Ed McMahon has just filed a multimillion dollar lawsuit concerning mold growth in his home? He claims that the mold killed his dog. Such claims were rare five years ago. Now they are being raised with increasing frequency. Mealey's, a national legal opinion reporting service used by lawyers, has started a mold reporting service, which suggests that lawyers are now taking mold cases more seriously. The fact is that mold has become a mainstream real estate and legal issue. Realtors, home inspectors, real estate lawyers, and consumers must become aware of some of the basics. Here are the basics: mold is found everywhere, all of the time. But chronically wet and dark conditions can encourage large scale mold growth, and many people suffer health effects, sometimes severe health effects, from this kind of exposure. We have recently heard reports of people becoming unusually sick after exposure to some apparently new fangled mold. At least "new" from our vantage; this super-mold has really existed around for years, but everyone is first talking about it now. The toxic mold's real name is stachybotrys atra, but most seem to call it toxic mold. According to the Centers for Disease Control (CDC), this kind of mold was possibly linked with severe lung disorders in children several years ago. There have been other reports of alleged sickness since. This newly talked about toxic mold has been associated with lung problems and possible memory loss. However, the CDC advises that the link between this mold and the reported sickness is not conclusive. What this means is that it is possible that certain molds can causes serious health problems. But at this point, it is not clear that this is the case. All is certainly not to fear. Mold, is mold, is mold. The CDC advises that all mold should be taken seriously and removed. That this super-mold produces a toxin which may make people unusually sick is not the issue. The issue is that ALL mold should be adequately addressed. The CDC informs us that there are roughly six varieties of household molds. The difficulty is that homeowners cannot distinguish between the more caustic molds and the benign molds. Toxic or not, mold generally takes the appearance of black or grey patches. In the case of mold in general, small quantities can be removed with a mild bleach solution. One cup of bleach added to one gallon of water has been suggested. Remove mold by scrubbing it with the solution. Eye protection should be employed as also should a respirator with carbon filters. If the mold mass is large or has infested drywall or carpeting, the materials may have to be removed. In such cases, homeowners might do best by looking for companies that specialize in flood damage or insulation removal. Search for experienced contractors. While mold is unavoidable, by reducing moisture you can at least make your home less mold-friendly. Suggestions for doing so include: maintaining indoor humidity below 50 percent, using air conditioners and dehumidifiers during humid months, maintaining adequate ventilation including the use of bathroom and kitchen fans, and adding mold inhibitors to paints. Landlords also need to be vigilant about the mold issue. A chronic leaking roof, leaking water pipes, bathroom moisture, or a poorly maintained ventilation system can be an invitation to a lawsuit. As science establishes a causal relationship between the presence of mold and human illness, legal exposure will rise. Landlords must ensure that reasonable means have been taken to avoid harmful mold growth. Indoor air quality experts are available to provide assistance. And if mold repairs are needed, be sure to contract with a company that has experience. There are protocols that should be followed, and you will want to ensure that you can prove that the job was done correctly.
The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.
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