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Legal Notice

 

Sent: Sunday, July 01, 2001 4:16 PM
Subject: "...planning a lawsuit against their Realtors..."
 
"...planning a lawsuit against their Realtors..."
 
I just returned from the beach and was catching up on my mail, newspapers and magazines when my wife, as she read the recent People magazine, asked if I had read a certain article yet. I had not, but turned the page down to read it later. When I did read it, one statement in the last paragraph caught my attention and better catch yours. The statement was: "...planning a lawsuit against their Realtors..." You are probably well aware of issues related to Lead Based Paint, Radon, Asbestos, EIFS (Synthetic Stucco), Carbon Monoxide and other similar issues, but are you aware that there is another such issue rushing down on you of which you better quickly become aware? The People Magazine article brings it to the forefront again as has other articles TV News programs and Internet sites. Don't take it lightly, it may shortly jump up and bite you.
 
As reported in the July 9, 2001 issue of People in an article titled "The Fire Cure To rid themselves of the toxic mold that savaged their lives, Steve and Karen Porath burned down their home". 
 
Pay close attention, it doesn't get much more drastic than this, they intentionally burned down their home along with everything (family photos, stuffed animals, even their son's baby book) in it and now are suing their Realtor. What could the Realtor possibly have to do with this? The article doesn't really say, but my conjecture is that they suspect that the Realtor was aware, but failed to disclose. Have you been, or will you be aware of something similar? How will you handle it? Here is a synopsis of the story:
 
On Valentine's Day, Steve and Karen Porath watched as their home is purposely burned to the ground by members of the local volunteer fire department with everything in it because "That house almost killed our child." The burning was prompted by Stachybotrys chararum better known as black mold. A toxic fungus that feeds on moisture and thrives in damp areas, black mold can cause rashes, sore throats and sever respiratory ailments. A month after moving into their home Karen gave birth to a healthy boy, Mitchell. Two days after he was brought home, he become violently ill. The infant developed severe rash, constant infections and high fevers, vomiting up to 70 times a day, which baffled his doctors. The Poraths, who developed respiratory infections themselves, noticed that Mitchell slept more soundly at his grandmothers nearby home and had their home tested for contaminations in April 2000. The home had high levels of black mold. 
 
Further inspections revealed that faulty pipes were spewing sewage beneath the home, which coupled with poor ventilation, created a perfect breeding ground for bacteria and black mold. The U.S. Veterans Affairs officer who oversaw the sale and the broker who handled the sale denies any knowledge of the mold problem. 
 
The Poraths discovered that getting rid of the mold would cost $85,000 for a home they purchased for $120,000 and would not be covered by their home insurance. Unable to save their belongings they enlisted 40 volunteer firefighters to burn down the house and sold the five acres for $149,000. Karen who was pregnant with their second son, Blake, while living in the house also attributes his chronic respiratory infections to the black mold.
Awareness and media attention to the ill health effects posed by mold contamination has increased tremendously recently. Local news stories have begun reporting the closing, cleaning and renovation of schools and buildings because of mold contamination. The CBS news program 48 hours recently devoted their entire program to Invisible Killers. One of the segments in the show reported on a story that has went on to gain much attention on is own because it involved a $100 million dollar lawsuit and criminal charges against the insurance company. A homeowner claimed among other things, that mold caused him to have brain damage and caused his small child to cough up blood and to have permanently damaged the child's lungs.
 
Molds produce tiny spores to reproduce. Mold spores waft through the indoor and outdoor air continually. When mold spores land on a damp spot indoors, they may begin growing and digesting whatever they are growing on in order to survive. There are molds that can grow on wood, paper, carpet, and foods. When excessive moisture or water accumulates indoors, mold growth will often occur, particularly if the moisture problem remains undiscovered or unaddressed. There is no practical way to eliminate all mold and mold spores in the indoor environment; the way to control indoor mold growth is the control moisture. 
 
The key to mold control is moisture control. It is important to dry water damaged areas and items within 24-48 hours to prevent the mold growth. If mold is a problem in your home, clean up the mold and get rid of the excess water or moisture. Fix leaky plumbing or other sources of water. Wash mold off hard surfaces with detergent and water, and dry completely. Absorbent materials (such as ceiling tiles & carpet) that become moldy may have to be replaced. 
 
Potential health effects and symptoms with mold exposures include allergic reactions, asthma, and other respiratory complaints. Reduce indoor humidity (to 30-60%) to decrease mold growth by: venting bathrooms, dryers, and other moisture-generating sources to the outside; using air conditioners and de-humidifiers; increasing ventilation; and using exhaust fans whenever cooking, dishwashing, and cleaning.
 
So what does all of this have to do with you the real estate professional? You need to protect yourself. If you suspect a mold problem in the home you are listing or selling, call it to the owner/buyers attention and advise that they have the home checked for contamination. You, your managers and associations should seriously consider how you will address this growing issue. Be aware that most home inspectors, myself included, do not test for mold or bacterial contamination. You may see that changing as many consider adding such tests as an extra service. I do call out visible mold if it is observed in the occupied space or in the mechanical system. I don't necessarily mention it in the crawl space where it is almost always present, in our area, unless there is high moisture and/or poor ventilation.
 
For additional information on mold click here: Additional Resources
 
Thought for the week
 
"One machine can do the work of fifty ordinary men. No machine can do the work of one extraordinary man."
 
--Elbert Hubbard
 

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