Mold Inspection Contingency (kinda urgent)

Milwaukee, Wisconsin
Buying & Selling Real Estate
3yFollow

Mold Inspection Contingency (kinda urgent)

Kelly G.
Florissant, CO · Member since 2013 · 184 posts · 69 votes
I'm reviewing an offer on my SFH in Milw.  They Buyer wants to do a mold test/inspection . . .  "pursuant to applicable government or industry standards and protocols".  As best as I've been able to determine - there are no 'standards or protocols'; no local, state or federal office/agency has set an 'unsafe' threshold for mold; in Milw/WI no license or 'certification' is required to call yourself a 'mold inspector/tester' etc.  

If I agree to this contingency - it seems like I could be opening a Pandora's box!  If I counter that I would not agree to such a 'test' - it could look like I'm hiding something!  Which I'm not - if the standard home inspector finds mold somewhere - then we can address it.  It's this whole idea of infrared cameras and 'testing' for something that occurs in the air naturally and for which no certification of qualification is required, and no 'unsafe' level has been determined.  

The only 'reasonable' thing I can think of is to ask/require/counter that both buyer and seller agree on the company to do the testing.  That way I can have some say in who is doing this and be sure it is Not a test AND remediation company - which I would certainly object to.  

thoughts?  suggestions?

Thanks
Kelly Goocher
Milw

0Reply
60 views

Most Popular Reply

Frank Avallone II
Lender · Morristown, NJ · Member since 2022 · 153 posts · 71 votes
3y

@Kelly G. Typically the buyer can do whatever tests they want. If they are making it a contingency clause that this test must come back clear then they are essentially saying they can back out if any issues were to arise from the test if they are not taken care of. Review contract with your agent and see what they want to do and how they are wording it. Might just wind up causing some extra negations if something small comes up. 

2Reply
See this reply in the discussion

7 Replies

Jump to latestLatest
  • Frank Avallone II
    Lender · Morristown, NJ · Member since 2022 · 153 posts · 71 votes
    3y

    @Kelly G. Typically the buyer can do whatever tests they want. If they are making it a contingency clause that this test must come back clear then they are essentially saying they can back out if any issues were to arise from the test if they are not taken care of. Review contract with your agent and see what they want to do and how they are wording it. Might just wind up causing some extra negations if something small comes up. 

    2Reply
  • Austen Mueller
    Real Estate Agent · PA · Member since 2021 · 240 posts · 131 votes
    3y

    Make buyer put verbiage in the agreement that seller wont make corrections to mold if present in the home? Make it for the home buyers own informational purposes only. 

    Its not that your hiding something. Its your responsibility to get that house sold. Opening your clients to an inspection that can kill the deal definitely hurts the buyers offer.

    2Reply
  • Kelly G.
    OP
    Florissant, CO · Member since 2013 · 184 posts · 69 votes
    3y

    @Frank Avallone II - @Austen Mueller  Thanks for you input - really appreciated!   The 'contingency' is for 'test' only and does not require/allow me to 'fix' anything the test finds (shall not have 'right to cure').  so that's all good.   You are both right - buyer can pretty much do (and should do) whatever tests they want - and I Want the house Sold - and get on with my life!  Thanks for getting me back on track and not getting lost in the weeds

    Good luck to you in all your life's ventures!

    Kelly

    1Reply
  • Frank Avallone II
    Lender · Morristown, NJ · Member since 2022 · 153 posts · 71 votes
    3y

    @Austen Mueller @Kelly G., Exactly! As long as that is what the contract states you should be good to go! Glad we could help!

    0Reply
  • Kelly G.
    OP
    Florissant, CO · Member since 2013 · 184 posts · 69 votes
    3y
    Conversing with another BP member - here's my real concern:

     "knowledge of material facts" . . . So
    the buyer wants to conduct some unspecified, unregulated test for a
    substance that occurs naturally in the environment - by a company for
    which no license/certification is required and for a substance for which
    no 'authority' has determined that some specific amount is 'unsafe'!
    Screams Scam to me!! Any joe blow can put 'mold inspector' on his hat
    and tell me my house has a mold problem that I now have to disclose to
    the world to sell my house!!??? Yikes!

    as an update:  I'm anticipating another offer so have put my 'counter offer' on hold for now

    cheers
    Kelly

    0Reply
  • Matt Ziegler
    Rental Property Investor · Colorado Springs, CO · Member since 2020 · 433 posts · 284 votes
    3y

    Kelly, 

    Hopefully this deal gets closed, and you “can get on with your life”

    We live in and invest in the Co. Springs area. Would you like to connect and see if we can be of value to each other?

    If so please reach out,

    Cheers

    0Reply
  • Account Closed
    Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes
    3y

    @Kelly G.there are plenty of companies that do this type of testing, and there is a procedure to follow. Normally it tests for mold spores in the air.

    The first step is to take an air sample or two outside the home to set a baseline. Basically it uses a small pump to push air through a filter for a set amount of time. The next step is to take an air sample or two inside the property. Then they essentially count the mold spores on the filter from each test to see how it compares. They also normally do a visual inspection as well to look for water damage and any visible mold.

    One tip is to make sure that you have a new clean filter in your HVAC system.

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free