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Old     (liquidmx)      Join Date: Jun 2005       04-09-2010, 10:24 PM Reply   
So I am looking for some experienced advice in this area...specifically a "mold" situation in a home I am trying to purchase.

Long story short after TWO appraisals, we finally got docs to title for funding. They come back saying that because my agent wrote down mold instead of mildew I needed to get a mold inspection. On top of that because the agent noted "cracking" in the chimney I needed to have this inspection done. Mind you I have already paid for a general and roof inspection.

So I get the results from both the masonry (chimney) and mold inspection. Chimney says its not to code and requires the strap around the mention of danger of cracking bricks! Since its "not to current code" (house was built in 1940) its not "safe".

Now we get the mold back today. No specific results or any sort of figures, pictures...NOTHING! They simply indicated mold and $1200 bucks to tear the crap out of the bathroom "remedying" the I responded with..."since you are professional I would like to see the figures, particulate matter and their relation to health and safety standards". I basically get a response saying that there are "no standard figures and they cannot release the data"? Again WTF?

So now what am I to do? Do I let them tear the bathroom apart...potentially find new mold, displace the renter of the property and go through all this crap because they found some mold in indicated areas such as the "shower tile grout"?

Old     (t0nyv831)      Join Date: Jun 2008       04-10-2010, 1:27 AM Reply   
That really sucks man and the worst thing about it is it could've all been avoided if your realtor hadn't called that "black stuff" on the tile mold. I assume you're past all your contingencies for inspections? If you're not, you could always walk away (without putting your earnest money at risk) or renegotiate the original terms of your purchase contract for repairs paid for by the seller (or your realtor). Even if you're past your contingencies you can still walk away, but you'll be putting your earnest money at risk. I say at risk because you don't automatically lose it persay. The seller has to come after it. Just some options for you to consider. Hopefully someone with a mold background will chime in. GL.

Old     (mhunter)      Join Date: Mar 2008       04-10-2010, 7:34 AM Reply   
Mold is the new radon. Mold is everywhere inside and outside having a mold inspection will always turn out positive. Then its a license to steal for the inspector. Ask the inspector if they can ever give a mold free certificate and how far will they have to go to get that. You can become a licensed mold inspector for $250 on line. The facts are yes there are certain types of mold that are harmful and inspecting and remediating is necessary . At the same time the banks and finance companies are all scared to death with the word mold. They will make the owner spend unlimited amounts to prove the house is safe. Make sure you are dealing with a real mold inspection company with the capability of inspection,analyzation and remediation not just some small time operation looking for a fast buck. In most cases the title to your post is true.
Old     (liquidmx)      Join Date: Jun 2005       04-10-2010, 9:09 AM Reply   
Michael you have a link to that licensing joint to be a mold inspector? Maybe I pay a friend to get the license...?
Old     (brian_b)      Join Date: Dec 2009       04-15-2010, 11:24 AM Reply   
Well, the real problem is that if you buy this house and don't have the mold issue remediated by a professional you are obviously on notice of this issue and would likely have to disclose to any buyer you have in the future. And if you didn't, you could be liable. So, you're screwed with it now...get it fixed or walk.
Old     (brettw)      Join Date: Jul 2007       04-15-2010, 12:04 PM Reply   
Shouldn't the seller being paying for all the inspections and what not? I'm surprised to hear a buyer paying for this stuff unless it's one heck of a deal or something.
Old     (ottog1979)      Join Date: Apr 2007       04-15-2010, 12:43 PM Reply   

I'm in the commercial real estate business so I am very familiar with purchase/loan transaction issues. In general, my advice would be to remain indifferently calm (this can be difficult, I know) as getting worked up will not help you in the least. These things being required can be reasoned with, negotiated or changed but they are not being requested to cause you pain, stress & money. They are being required to resolve issues (real or perceived) or questions for the party requesting them. Address those issues or problems, sometimes with alternative ideas, and you will be successful. Do not take these requests personally, because they are not personally intended. It's just business.

Next, who is "They"? I'm guessing your lender for the purchase. Who has hired these consultants and who will pay for them? That's who the consultants have to answer to. If the lender needs the report and you obtain it for them, then deal with the consultant directly in that they are not helping you solve your problem (you are their customer). If the lender has initiated the reports/consultants directly then they are the customer of the consultant (and you pay the cost as is customary). It is in the lender's interest to get their consultant to adequately define the problem and solutions as they are in the business of making loans, not processing files and frustrating people. Their goal is the same as yours - to close the transaction. Just keep in mind that how they see things may be justifiably different than you do.

Take a step back, deep breath, and start asking questions and proposing alternatives. You'll get there!

In the end, you always have choices - you don't have to buy, can walk and can choose to buy something else. It's helpful to remind people working for you in the transaction of this from time to time.
Old     (ottog1979)      Join Date: Apr 2007       04-15-2010, 12:46 PM Reply   
I'll add that Brian Bedell is right. You want to go carefully though this stuff and get it right with the paperwork to prove it. Right now it's almost solely the SELLER'S problem. Once you close and own it, it becomes YOUR problem.

You may want to buy this place badly but you should be taking the general tact that this is not your problem, it's the seller's.
Old     (steezyshots)      Join Date: Feb 2008       04-15-2010, 1:07 PM Reply   
When buying a home you should take all emotion out of the purchase, it is hard to do, but I am sure if you look there are other homes just as nice that will fit your need without mold or any other issues.
Old     (sdub)      Join Date: Jan 2003       04-15-2010, 1:21 PM Reply   
I dont get it. Why would you be upset about fixing these problems with the home before you finalize the purchase? It sounds to me like everybody in the process is doing there job, not trying to mess up your deal.

As far as already getting a "general inspection" done, its basically what it is, very very very general. These people typically dont have any expertise at all.

I do agree that the mold inspector should be able to quantify the findings somehow.
Old     (ottog1979)      Join Date: Apr 2007       04-15-2010, 1:25 PM Reply   
Just because you may be past contingency does not necessarily mean you have no recourse. Like Tony says, escrow or one of the brokers likely has your deposit. The seller must go after it. Even if they do, and you're gone, the seller STILL has the mold problem so it's in their best interest as well to get this resolved. Remember, the seller's interest was not to get some deposit money, it was to SELL the house. With this information on the table now, selling may be a problem whether it's to you or any other buyer.

Get your brokers more involved in solutions. They get nothing unless this works out. Assign them people to call, things to look up, etc. You're a principal. Get those working for you working on resolution.

Feeling extorted is your mindset, it's not reality. Change your mindset and get after solutions that work for you.
Old     (sdub)      Join Date: Jan 2003       04-15-2010, 1:35 PM Reply   
read your contract, it most likely states that if the deal doesnt happen, the deposit money goes to the agents first , not the sellers. The sales contract is all about protecting the agents invovled, not the buyer and the seller.
Old     (three6ty)      Join Date: Feb 2004       04-15-2010, 2:01 PM Reply   
Re-Negotiate the deal and have the Seller pay for all repairs ( Request for Repairs worksheet). You shouldn't be talking to anybody but your realtor. And if they are not doing their job then tell them to step up or step out.
Old     (Michael)      Join Date: Mar 2010       04-15-2010, 3:51 PM Reply   
the mold data should be in one of these California civil codes. i think its in the first section but i don't have the time to read through it all.

Last edited by Michael; 04-15-2010 at 3:54 PM.
Old     (mhunter)      Join Date: Mar 2008       04-15-2010, 5:47 PM Reply   
Originally Posted by liquidmx View Post
Michael you have a link to that licensing joint to be a mold inspector? Maybe I pay a friend to get the license...?
Just Google mold inspection training there are hundreds of training companies.


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