Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
It is entirely possible the owner knows nothing about the mold and that the mold is only a minor concern. Unless you have proof that the owner knew about it (which may be difficult, since apparently you didn't see the mold when you viewed the house, prior to the inspection, e.g., it's not in an obvious place such as the tiles around a bathtub), but lied and guaranteed that the house was mold-free, I don't understand why you are concerned about the disclosure and contract language on this point. Most standard inspection contingency clauses give buyers the chance to back out AND receive their deposit back if they are not pleased with house based on the inspection results.
So while you can walk away or try to negotiate, the seller can also say, "sorry--that's part of the 'as is.'"
There are many different types of mold and most not-brand-new houses in the US have some mold. A few types are highly toxic, but other types are not.
You need to know what type of mold was found and what is causing it, so that you know how concerned to be and how to get it stopped, because if it is mold it will recur if you don't stop the source.
The last house I bought also said "as is" and after the inspection came in i asked them to fix everything noted on th einspection. The agent was shocked that I asked, but he went ahead and asked the Seller and the Seller fixed everything. No harm asking all they can say is no. Make sure you get a quote on how much it is to fix the mold problem so you know what you are in for. Once mold is present it can creep to unseen places beyond the original problem area costing much more money. At the very least you can always ask for a credit of what the mold repair costs and other issues known from the inspection report.
My mother always said "If you don't ask, you don't get."
It is entirely possible the owner knows nothing about the mold and that the mold is only a minor concern. Unless you have proof that the owner knew about it (which may be difficult, since apparently you didn't see the mold when you viewed the house, prior to the inspection, e.g., it's not in an obvious place such as the tiles around a bathtub), but lied and guaranteed that the house was mold-free, I don't understand why you are concerned about the disclosure and contract language on this point. Most standard inspection contingency clauses give buyers the chance to back out AND receive their deposit back if they are not pleased with house based on the inspection results.
So while you can walk away or try to negotiate, the seller can also say, "sorry--that's part of the 'as is.'"
There are many different types of mold and most not-brand-new houses in the US have some mold. A few types are highly toxic, but other types are not.
You need to know what type of mold was found and what is causing it, so that you know how concerned to be and how to get it stopped, because if it is mold it will recur if you don't stop the source.
Great post. Our house had some mold in the storage area off the bonus room; we were not aware of it: we called a mold remediator and it was taken care of at a cost of $500.
Now the seller is aware of the mold and he now has knowledge. That is a game-changet in your favor. Do negotiate remediation. If you walk from this sale, how he markets the home in the future and handles the knowledge of the mold has forever changed.
So how did the realtor explain the dichotomy in this particular instance between "as is" and "contingent on inspection"? And what were the parameters? What is stated as the consequences of the home inspection being favorable or not?
My contract definitely reads "contingent on inspection". My thing about the "as is" is that the disclosure says there is no mold to sellers knowledge. So yes, if the disclosure read positive for mold, that would be an "as is" component I would have agreed to. But since it's a negative to mold on disclosure, that is clearly not something I agree to.
The mold non-disclosure is even a bigger issue than the 'contingent on inspection' clause. More important than a financial concession, is your health need to fully determine just how significant the mold issue really is. Insist on a full inspection and estimate by a mold-remediation company. You may want to simply walk away if the problem is serious.
If you do move ahead, emphasizing the mold non-disclosure, will make the seller realize that even if they claim they did not previously know about the mold, they must now disclose it to future potential buyers, unless they reach an agreement with you. If the seller balks, advise your intent to fully disclose the problem to their Realtor/Broker, and even the local board of Realtors... since the non-disclosure will then seem more like intent to defraud than ignorance.
Question. So I'm under contract for a house. The agreed on price is "as is". Just curious, the disclosure says there is "No knowledge of existing mold". My inspection found mold. Can I still use this as to try to negotiate the seller to do mold remediation? Before you ask me "what part of as is don't I understand " I'm just trying to understand if "as is" means --according to what the disclosures read, or is it regardless of what the disclosures read? Hope this is clear. Thanks in advance!
I suggest you don't buy the house, no matter what. Mold can ruin your health, and getting rid of it is a PITA. No house is worth that, IMO.
There are a couple of confusing items with this situation.
First, you say the contract is to purchase the house "as-is", but later mention that the sale is contingent on an inspection. That seems off, so you should make sure you know what your contract says. In my market, "as-is" is typically interpreted to mean including everything you can see or that you are told about. It does not obligate you to continue even though you find some new issue of which you were not aware earlier. Your market, and your CONTRACT, may be different.
Second, have you had the actual mold tested yet? Mold occurs everywhere in the natural world, and can grow wherever there is moisture. But not all molds are dangerous to most people. The specific type of mold, and it's possible effect on the people who will be in the house, may be an important part of the equation for you. The bigger issue, I would think, is the moisture that contributed to that mold growth. Is it in an area that is expected to have high moisture, or is it someplace where it should be dry? Can the moisture be reduced, or will this be an ongoing issue? Was this moisture level apparent or disclosed to you before you made your offer?
Sorry about the confusion, the contract is "as is", but of course I can walk away if I want is what I mean. The whole point of my question was not "can I walk away?" It was how likely am I to get the seller to actually do something if I ask him.
There are quite a few "nit picky" things wrong with the house, loose faucets, electrical outlet not working, etc etc etc which I'm willing to overlook. Just want to obviously get mold taken care of if it indeed is an issue.
I did not see mold during first viewing because I really don't know what to look for (besides obvious black spores). Inspector showed me white streaky areas on wood joists and some white stuff on drywall that "appeared" to look as if it had been tried to be cleaned off.
Again, I have not had the mold tested yet. I honestly am not that concerned about it as I know mold exists in most basements. There is a dehumidifier down there but it's not running. That could be the problem? Doesn't appear that there was any water damage. I AM going to be having a mold inspector come in, asap.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
" I'm just trying to understand if "as is" means --according to what the disclosures read, or is it regardless of what the disclosures read? Hope this is clear. Thanks in advance!
