Some builders are trying to protect themselves from mold claims in their real estate contracts. Recently I saw a contract from a home seller that disclaimed any liability to the buyer caused by or relating to mold growth.

Buyers should be careful about signing contracts if they have these clauses. And I really do not think that home sellers should be permitted to rely on these mold provisions.

Mold has been around longer than we have. But it has been a basis for legal liability for a relatively short period. For the most part, mold law suits have been around for only the last 10 years.

Mold requires a moisture source and darkness to grow. That being said, why should a builder need any special mold protection?

If the roof isn't leaking, if the piping is sound, if the insulation is properly installed, in other words, if the home is well constructed, why safeguard against mold claims?

Why not simply build a better home? That a new thought. Eliminate the ongoing water sources. I would be concerned about a home being sold with a mold clause.

Insurance companies are now mold concerned as well. I was recently told by someone who knows that insurers are very concerned about their claim exposure for mold. What had seldom been a claim basis is turning into a carrier nightmare.

Since homes are supposedly more energy efficient now than before, they tend to trap moisture and therefore, I am told, encourage mold growth. That may be one reason why mold complaints are on the rise.

Also, we are talking about it a lot more now. It simply did not used to occur to home owners, or for that matter their lawyers, that claims for mold damage could be filed. You are reading this column, for example. A few years ago no one would have written about this.

Commonly, there are two types of mold claims: claims for property damage and claims for personal injury. Property damage claims are cut and dry. They occur when mold has affected property.

The cure is usually easy. Very often mold can be eliminated with bleach. You also need to ensure that moisture sources have been eliminated. Ventilation also helps. State and local health departments have a lot of information concerning simple mold abatement.

When the mold damage is extreme walls and insulation need to be removed and replaced. These are obviously the more costly repairs.

Personal injury cases arise when mold has made people become ill. As a general rule, to prevail a plaintiff must prove that the mold caused the illness. Expert testimony is usually required to do so.

You have heard of toxic mold. But some people can react to even the more common molds. Excessive mold is never a good thing, unless, I guess, you are a drug manufacturer.

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.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.