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What You Need to Know About Mold

Mold and mold spores are all around us. The uncertainties associated with the effects of mold on human health make mold different from other environmental hazards affecting real estate. For example, substances like lead and asbestos were intentionally introduced into properties and were later discovered to have particular and somewhat uniform health effects.

On the other hand, mold is a naturally occurring part of the environment. Also, humans tend to each react differently to exposure to mold. Some people can live or work in property in which mold is present with no affects, while other people may have almost immediate adverse affects. The impact of mold on human health depends on several factors, including: the particular susceptibility of the person exposed to the mold, the type of mold, the concentration of the mold, the duration of the exposure and the current stage of the mold's life cycle. The science on the health effects of mold remains relatively undeveloped.

There are tens of thousands of types of molds. However, only a few dozen are actually believed to have a "toxic" effect in human beings and these may only be toxic during certain phases of their existence. Again there is no consensus in the scientific community regarding the reasons why toxic molds may have these effects on human beings or the level or amount of mold exposure required for these effects to be observed. Although some studies seek to determine whether there are safe levels of mold, and if so, what those levels may be, at present there are no state or federal regulations or guidelines or other authoritative information regarding what constitutes safe levels of mold.

LOUISIANA LAW

Act 1123 of the 2003 Louisiana State Legislature Regular Session required the Louisiana Real Estate Commission (LREC) to approve a mold informational pamphlet that licensees may distribute to buyers. Any licensee who chooses to provide a mold informational pamphlet must do so in accordance with Chapter 38 of the Louisiana Real Estate Commission Rules and Regulations.

In accordance with Act 1123, LREC has approved "A Brief Guide to Mold, Moisture, and Your Home" (EPA 402-K-02-003) and "Mold Remediation in School and Commercial Buildings" (EPA 402-K-01-001, March 2001), or any successors thereof, as the informational pamphlets that licensees may distribute to residential and commercial buyers, respectively. Licensees may choose to deliver these pamphlets to buyers or direct them to the EPA website.

A link to EPA's mold information brochures is provided below. In addition, a Q&A document on Louisiana's Mold Information Pamphlet Law, mold disclosure language and other examples of sample language are provided.

Mold Information Pamphlets (download from EPA website)

Residential Property: A Brief Guide to Mold, Moisture & Your Home
Commercial Property: Mold Remediation in Schools & Commercial Buildings

MOLD TESTING

There are also uncertainties with respect to testing for mold. Testing for airborne mold spores may not offer accurate answers as to whether or not a mold problem is present, or if present, whether it is at a level that has potential to pose a risk to human beings. Because the pervasive nature of mold, virtually all tests will provide positive results for some kinds of spores. Moreover, such tests may not be an accurate measure of the active mold growth in the property because the amount of mold growth can change quickly. The absence of any safe level standards for mold makes it difficult for even qualified and trained environmental professionals to provide meaningful interpretations of test results as to the health implications for occupants of the property, except in the most extreme cases.

Furthermore, mold inspection is not a heavily regulated field. As noted above some level of mold will almost always be detected. Having a home tested for mold and getting a report that mold was found in the home may stigmatize a home that does not actually have a serious problem. No authoritative source recommends testing as an initial step for mold detection. Rather most sources recommend inspection of property for visible signs of mold grow, evidence of water intrusion or accumulation problems and musty or other similar odors suggesting the presence of hidden mold colonies. The National Association of REALTORS recommends that any information discovered through such an inspection be reported to the prospective buyer/lessee. Having such information allows the prospective buyer/lessee to make his or her own informed decision regarding the purchase of the property or the need for further inquiry regarding the presence of mold on the property.

SOURCE: Louisiana REALTORS

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