The following Disclosure and Release language concerning mold may be used to document that the buyer/lessee was made aware of potential mold problems and given the opportunity to conduct its own investigation and make its own decision regarding mold.
[ The sample language provided below is meant to serve as a guide for REALTORŪ. Legal Counsel should be consulted in the preparation of all real estate transaction documents. Use of this sample language does not eliminate the potential exposure of a REALTORŪ in connection with mold disclosure. ]
Subject
Property: ___________________________________________
Buyer/Lessee
is hereby advised that mold and/or other microscopic organisms may exist at the
Subject Property and such microscopic organisms and/or mold may cause physical
injuries, including but not limited to allergic and/or respiratory reactions or
other problems, particularly in persons with immune system problems, young
children and/or elderly persons.
Buyer
acknowledges and agrees to accept full responsibility and risk for any matters
that may result from microscopic organisms and/or mold and to hold seller, its
officers, employees, agents, heirs, executors, administrators, successors, and
any Licensees or REALTORSŪ representing the seller or buyer harmless from any
liability or damages (financial or otherwise) relating to such matters.
Buyer
hereby acknowledges reading this disclosure and release and is aware of the
conditions set forth therein. Buyer further acknowledges that he or she has
been given the opportunity to inspect the Subject Property for the purpose of
determining the presence of mold and/or other microscopic organisms.
This
disclosure and release is executed voluntarily and with full knowledge of its
significance.
REAL
ESTATE BROKERS AND AGENTS ARE NOT QUALIFIED TO INSPECT PROPERTY FOR MOLD OR
MAKE RECOMMENDATIONS OR DETERMINATIONS CONCERNING POSSIBLE HEALTH OR SAFETY
ISSUES. THE PURPOSE OF THIS DISCLAIMER IS TO PUT SELLERS AND BUYERS ON NOTICE
TO CONDUCT THEIR OWN DUE DILIGENCE REGARDING THIS MATTER USING APPROPRIATE,
QUALIFIED EXPERTS.
Buyer/Lessee________________________
Date_______________
Buyer/Lessee________________________
Date_______________