Sellers accused of not disclosing mold

Q: My parents just sold their home. They disclosed in writing that the basement becomes wet during rainy weather, but they were unaware that there was mold. The buyers chose not to have a home inspection, and now they accuse my parents of hiding the mold problem.

They've even hired an attorney. Shouldn't the buyers have hired a home inspector, and if they chose not to have an inspection, weren't they saying, in effect, that they weren't particularly concerned about disclosure of defects?

A: Buying a home without a home inspection and then complaining about undisclosed defects is like buying a pair of shoes without trying them on and then complaining that they don’t fit.

Only a naive, ill-advised buyer would forego a home inspection in today's real estate market. The people who bought your parent's home did not exercise due diligence. That's their fault. Now that the deal is closed, the proverbial milk is spilt, and it’s unreasonable to cast blame.

It's not unusual or surprising that your parents were unaware of the mold in their basement. Most basements are dimly lit, and mold on basement walls can easily go unnoticed by homeowners.

When mold is discovered by a home inspector, sellers are usually surprised. If the discovery occurs after the close of escrow, a disgruntled buyer with the encouragement of an attorney can raise a lot of grief. Unfortunately, there are many attorneys ready and willing to take such cases, regardless of merit. Once a litigant hires an attorney, there’s little choice but to engage an attorney of your own.

Hopefully, some reason can be brought to bear in the matter. The buyers should be informed that not all mold infections are dangerous. Instead of jumping to conclusions about the severity of the problem — instead of making unfounded accusations — a qualified mold specialist should be hired to evaluate the situation.

However, the mold inspector should not be a “hired gun” to validate the position of either the buyers or the sellers. Instead, the inspector should render an unbiased opinion about the nature and extent of the mold. If possible, the dispute should be settled by mediation, not by litigation.

Q: My real agent told me that, for legal reasons, she was not able to recommend a home inspector. She said I would have to find one on my own. Is this a normal practice for agents?

A: Some agents are afraid to recommend home inspectors for fear of being liable if the inspector they recommend does not do a thorough job of disclosing defects.

But not all agents take this approach. Some avoid liability by giving their clients a list of home inspectors from which to choose. The best agents recommend only the most thorough home inspectors. In this way, they serve the interests of their clients, while limiting their liability.

Unfortunately, there are some agents who increase their liability by recommending marginally qualified home inspectors — ones who are not very thorough.

If you need to find your own home inspector, call several real estate offices in your area and ask for the names of the most thorough and experienced home inspectors available.

• Distributed by Action Coast Publishing. Questions to Barry Stone can be e-mailed to barry@housedetective.com.