DISCLOSURE AND RELEASE LANGUAGE FOR MOLD
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 REALTOR®. 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 REALTOR® 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 REALTORS® 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.
Frequently Asked Questions About Mold
Dr. Nathan Yost, MD.
Building Sciences Corporation
What causes mold to develop?
Mold requires nutrients, water, oxygen and favorable temperatures to grow. Nutrients for mold are present in dead organic material such as wood, paper or fabrics; mold can also derive nutrients from some synthetic products such as paints and adhesives. Mold requires moisture, although some mold species can obtain that moisture from moist air when the relative humidity is above 70 per cent. Many molds thrive at normal indoor temperatures; few if any molds are able to grow below 40 F or above 100 F. Outside this range molds may remain dormant or inactive; they may begin to grow again when the temperature is more favorable. Temperatures well above 100 F will kill mold and mold spores, but the exact temperature required to kill specific species is not well established.
How does mold get into a building?
Molds are decomposers of organic material such as wood, plants and animals. Mold and mold spores are found in high concentrations wherever there is dead matter such as a pile of leaves, manure or compost. Mold spores enter buildings through the air or on people, animals and objects that are brought into the building. Spores are small bundles of genetic material and chemicals (similar to seeds) that molds make under certain conditions.
Are there harmful and non-harmful molds?
There are only a few molds that can cause infection in healthy humans. Some molds cause infections only in people with compromised immune systems. The biggest health problem from exposure to mold is allergy and asthma in susceptible people. There are more than 100,000 types of mold. Good information has been developed for only a small number of these molds – at least in terms of their effects on human health. Most people tolerate exposure to moderate levels of many different molds without any apparent adverse health effects.
Some molds produce powerful chemicals called "mycotoxins" that can produce illness in animals and people. Scientific knowledge about the health effects of these toxins on humans is quite limited.
Does mold affect everyone the same way?
No. Some individuals have a genetic makeup that puts them at risk for developing allergies to mold. People who have an allergy to mold, especially if they also have asthma, can become ill from exposure to a small amount of mold. Individuals also seem to be quite different in their response to exposure to the toxic chemicals that some molds release. These differences between individuals contribute to the difficult question of determining safe exposure limits for mold.
How much mold exposure is harmful?
No one knows the answer to this question for several reasons. Individuals are very different with respect to the amount of mold exposure they can tolerate. Children under the age of one year may be more susceptible to the effects of some molds than older individuals. Measuring or estimating "exposure" levels is very difficult. "Exposure" means the amount of mold (microscopic spores and mold fragments) that gets into a person usually by breathing, but also by eating or absorption through the skin. For example, a building may have a lot of mold in the walls but very little of that mold is getting into the air stream. In that case the people working or living in that building would have little mold exposure.
Can mold exposure cause brain damage or death?
Although some "experts" claim that individuals have brain damage or have died because of exposure to mold and especially mold toxins, there is no good science at this time to support these claims. Consequently it is prudent to minimize one's exposure to really moldy environments. By "really moldy" we mean where there are large visible areas of mold (more than a few square feet) or the building has a "musty" odor because of hidden mold growth. There are many epidemiological studies showing that people who live in houses with dampness have many more health problems, especially respiratory, than do people who live in dry houses. This association does not "prove" that it is the mold that is responsible for the increase in illness. However, it does support the assertion that it is not wise to live in damp, moldy buildings.
Does tighter building construction promote mold development?
Tighter building construction does not by itself promote mold growth, but tight construction combined with some poor choices in design, building materials or operations can increase the probability of mold growth. What do we mean? The tighter the building construction the less air exchange there is between the inside air and the outside air. Whatever gets into the inside air stays there longer than it would in a house with loose construction. Moisture that gets into the air from activities such as cooking, bathing and even breathing will remain in a tight house longer than it would in a loose house. That's why exhaust fans should be installed in bathrooms and kitchens and vented to the outside. Clothes dryers should also be vented to the outside.
Tight construction permits control of the air exchange between the inside and the outside and can prevent the deposition of moisture in walls and roofs. Controlling moisture, including indoor relative humidity is the key to preventing mold growth. Tight building construction when combined with source control of moisture (exhaust fans) and controlled ventilation (intentional introduction of outside air) reduces the probability of mold growth in a building. Controlled ventilation can be provided by a duct that brings outside air to the return side of the air handler of a forced air system. A timing device or fan cycler can be programmed to have the air handler turn on for a specified number of minutes each hour even when there is no call for heating or cooling. In cold climates controlled ventilation is frequently provided by a heat recovery ventilator (HRV).
Do new building materials (e.g. drywall or paper faced gypsum board) promote mold growth?
Mold needs water, a nutrient source, oxygen and favorable temperature to grow. Many species of mold love paper faced gypsum board. Why? Making paper involves the mechanical and chemical processing of wood. Paper is largely pre-digested so it is easy for mold to get nutrients from the paper. But unless there is enough moisture present mold can't grow on the paper. If paper faced gypsum board is kept dry, it can be used and still not have mold. This material is kept dry by controlling the interior relative humidity, keeping rain from entering roofs and walls, and NOT using paper faced gypsum in areas that are likely to get wet. This means no paper faced gypsum board in shower and tub areas. Cement board, mortar or non-paper faced gypsum can safely be used in these damp areas because these products do not contain nutrients to support mold growth.
Are there reliable tests to indicate the presence of mold?
Almost all of us already have two effective mold detectors: our eyes and our noses. If black or green discoloration is noticed that is fuzzy in appearance and is in a location that is damp or had been damp, it is almost certainly mold. If a building smells musty, there probably is mold somewhere; the mold may be on boxes stored in a basement or in walls or in the crawl space. If you want to find mold, look for the presence of water or a location where water was likely to have been. If there is still any question about whether the black stuff is mold, have a reliable laboratory examine the material. All you need to know is whether mold is seen when the material is examined under the microscope.
An increasing number of companies are offering "air testing for mold." On the surface this seems like a reasonable thing to do. The problem, however, is that the results of most air sampling for mold are meaningless for two reasons. Air sampling for mold was not developed to determine if an environment was safe or had a dangerous level of mold in the air. Air sampling was developed to help identify the location of a hidden reservoir of mold. If the source of mold is already identified, air sampling does not provide additional meaningful information. Furthermore, safe or toxic levels of air borne mold have not been established. An individual air sample for mold provides a "snapshot" of what was in the air during the few minutes of sampling. The results may not be indicative of the amount of mold that is in the air during most of the day.
Air sampling for mold should be done either to obtain an answer to a question that cannot be answered without the air sampling or to obtain data as part of a research project. The Center for Disease Control (CDC), the U.S. Environmental Protection Agency (EPA) and the American Conference of Governmental Industrial Hygienists do not recommend routine air testing for mold.
If mold is present, what's the best way to get rid of it?
The answer depends on how much mold is present and where it is located. If the mold is on furnishings or boxes simply discard the materials. Moldy materials are not considered hazardous waste; they can be sent to a regular landfill. However, it is smart to seal the mold material in heavy plastic to protect the people who handle it in transit and prevent spreading large amounts of the mold into the building as you carry the material out of it.
If the mold is on a hard surface but occupies less than 10 square feet wash the area with soapy water (scrubbing with a brush may be necessary), rinse and allow the area to dry before repainting. If you have asthma, severe allergies and a weaken immune system get someone else to do the clean up.
Larger areas (greater than 10 square feet in area) should be cleaned by someone with experience in doing this type of work. Remember, determine what caused the moisture problem and correct that problem. Otherwise, mold is likely to recur.
Is it possible to completely eliminate mold from the inside of a home or office building?
The answer depends upon what is meant by "completely eliminate mold." To keep a building completely free of mold spores requires very efficient air filtration and is only accomplished in special situations such as hospital operating rooms and manufacturing "clean rooms." Remember, mold spores are in the outside air virtually all the time and some of them will get inside buildings.
However, it is possible to keep mold from growing inside a building. Moisture control is the key to controlling mold in interior spaces. Air filtration can contribute to lowering mold spores in the air but is secondary to moisture control.
Should I use bleach to get rid of mold?
No. Although bleach will kill and decolorize mold, it does not remove mold. Dead mold can still cause allergic reactions. It is not necessary to kill mold to remove mold. Soap and water and scrubbing can remove mold from hard surfaces. The Environmental Protection Agency (EPA), the Center for Disease Control (CDC) and the New York City Health Department agree that bleach or other biocides should not routinely be used to clean up mold.
How do I know when the mold clean up is finished?
The mold cleanup is finished when there is no visible mold remaining and there is no dust or dirt remaining that could contain large amounts of mold and mold spores. Routine clearance testing for mold is not necessary. Leaving a few mold spores behind is not a problem if the underlying moisture problem has been corrected. Remember that mold spores are virtually everywhere. Even if all mold and mold spores are removed as part of the cleanup, spores from outside will re-enter that space. The spores won't be able to grow unless water is also present.
MOLD INFORMATION FOR BUYERS AND SELLERS
· Buyers and/or sellers may have the property inspected for the presence of mold. The cost for such inspections varies depending on the size of the property, the extent of the mold present, the type of expert conducting the inspection and other factors.
· Real estate agents and brokers are not experts on mold. For more information on mold, consult the resources listed at the end of this document or contact an expert.
· Because there are presently no licensing or inspection standards for mold in properties, mold inspections should be discussed with more than one expert. Most experts will discuss the limitations of the inspections. For example, an air-sampling test that does not reveal extraordinary levels of toxic mold does not necessarily mean that mold is not present behind walls or under floors where the air samplers were not placed.
· Most experts suggest property owners undertake preventive action, such as periodic cleaning of A/C systems, regular inspections of attic spaces, and periodic plumbing leak tests.
· Insurability may be an issue. Buyers should discuss the insurability of a property with their insurance agent early in the transaction or, in some cases, before an offer is made.
Molds are part of the natural environment. Outdoors, molds play a part in nature by breaking down dead organic matter such as fallen leaves and dead trees, but indoors, mold growth should be avoided. Molds reproduce by means of tiny spores; the spores are invisible to the naked eye and float through outdoor and indoor air. Mold may begin growing indoors when mold spores land on surfaces that are wet. There are many types of mold, and none of them will grow without water or moisture.
CAN MOLD CAUSE HEALTH PROBLEMS?
Molds are usually not a problem indoors unless mold spores land on a wet or damp spot and begin growing. Molds have the potential to cause health problems. Molds produce allergens (substances that can cause allergic reactions), irritants, and in some cases, potentially toxic substances (mycotoxins). Inhaling or touching mold or mold spores may cause allergic reactions in sensitive individuals. Allergic responses include hay fever- type symptoms, such as sneezing, runny nose, red eyes, and skin rash (dermatitis). Allergic reactions to mold are common. They can be immediate or delayed. Molds can also cause asthma attacks in people with asthma who are allergic to mold. In addition, mold exposure can irritate the eyes, nose, throat, and lungs of both mold-allergic and non-allergic people. Symptoms other than the allergic and irritant types are not commonly reported as a result of inhaling mold. Research on mold and health effects is ongoing. For more detailed information consult a health professional.
CAN YOU GET RID OF MOLD?
It is impossible to get rid of all mold and mold spores indoors; some mold spores will be found floating through the air and in house dust. The mold spores will not grow if moisture is not present. Indoor mold growth can and should be prevented or controlled by controlling moisture indoors. If there is mold growth in your home, you must clean up the mold and fix the moisture problem. If you clean up the mold, but don't fix the moisture problem, then most likely, the mold will come back.
MOISTURE AND MOLD: PREVENTION AND CONTROL TIPS
· Moisture control is the key to mold control, so when water leaks or spills occur indoors, act quickly! If wet or damp materials or areas are dried 24-48 hours after a leak or spill happens, in most cases mold will not grow.
· Clean and repair roof gutters regularly.
· Make sure the ground slopes away from the building foundation, so that water does not enter or collect around the foundation.
· Keep air conditioning drip pans clean and the drain lines unobstructed and flowing properly.
· Keep indoor humidity low. If possible, keep indoor humidity below 60 percent (ideally between 30 and 50 percent) relative humidity. Relative humidity can be measured with a moisture or humidity meter, a small, inexpensive ($10-$50) instrument available at many hardware stores. Ways to reduce humidity include:
· Vent appliances that produce moisture, such as clothes dryers, stoves and kerosene heaters to the outside where possible.
· Use air conditioners and/or dehumidifiers when needed.
· Run the bathroom fan or open the window when showering. Use exhaust fans or open windows whenever cooking, running the Dishwasher or dishwashing, etc.
· If you see condensation or moisture collecting on windows, walls or pipes act quickly to dry the wet surface and reduce the moisture/water source. Condensation can be a sign of high humidity. Ways to help prevent condensation include:
· Reduce the humidity.
· Increase ventilation or air movement by opening doors and/or windows, when practical. Use fans as needed.
· Cover cold surfaces, such as cold water pipes, with insulation.
· Increase air temperature.
IS TESTING/SAMPLING FOR MOLD NECESSARY?
In most cases, if visible mold growth is present, sampling is unnecessary. Since no EPA or other federal limits have been set f or mold or mold spores, sampling cannot be used to check a building's compliance with federal mold standards. Surface sampling may be useful to determine if an area has been adequately cleaned or remediated. Professionals who have specific experience in designing mold-sampling protocols, sampling methods, and interpreting results should conduct sampling for mold. Sample analysis should follow analytical methods recommended by the American Industrial Hygiene Association (AIHA), the American Conference of Governmental Industrial Hygienists (ACGIH), or other professional organizations.
You may suspect hidden mold if a building smells moldy, but you cannot see the source, or if you know there has been water damage and residents are reporting health problems. Mold may be hidden in places such as the back side of dry wall, wallpaper, or paneling, the top side of ceiling tiles, the underside of carpets and pads, etc. Other possible locations of hidden mold include areas inside walls around pipes (with leaking or condensing pipes), the surface of walls behind furniture (where condensation forms) inside ductwork, and in roof materials above ceiling tiles (due to roof leaks or insufficient insulation). Investigating hidden mold problems may be difficult and will require caution when the investigation involves disturbing potential sites of mold growth. If you believe that you may have a hidden mold problem, consider hiring an experienced professional.
MOLD CLEANUP GUIDELINES
These tips and techniques will help you clean up your mold problem. Professional cleaners or remediators may use methods that are not covered in this document. Since mold may cause staining and cosmetic damage, it may not be possible to restore an item to its original appearance.
· Scrub mold off hard surfaces with detergent and water, and dry completely.
· Fix plumbing leaks and other water problems as soon as possible. Dry all items completely.
· Absorbent or porous materials, such as ceiling tiles and carpet, may have to be thrown away if they become moldy. Mold can grow on or fill in the empty spaces and crevices of porous materials, so the mold may be difficult or impossible to remove completely.
· Avoid exposing yourself or others to mold. Wear long gloves, goggles that do not have ventilation holes and you may want to wear an N-95 respirator, available from many hardware stores for about $12 to $25.
· Do not paint or caulk moldy surfaces. Clean up the mold and dry the surfaces before painting. Paint applied over moldy surfaces is likely to peel.
· If you are unsure about how to clean an item, or if the item is expensive or of sentimental value, you may want to consult a specialist. Specialists in furniture repair, restoration, painting, art restoration and conservation, carpet and rug cleaning, water damage, and fire o r water restoration are commonly listed in phone books. Be sure to ask for and checks references, and look for specialists who are members of professional organizations.
This information is based on information provided by the U.S. Environmental Protection Agency at www.epa.gov/iaq/pubsi moldresources.html.
FOR MORE GENERAL INFORMATION ON MOLD:
· U.S. Environmental Protection Agency - Mold Resources (www.epa.gov/iaq/pubs/moldresources.html)
· Centers for Disease Control and Prevention (www.cdc.gov)
· National Center for Environmental Health (www.cdc.govlnech/asthmalfactsheets/molds/default.htm)
· American Lung Association Health House Project (www.healthhouse.org/tipsheets/mold.htm)
· American Academy of Pediatrics Committee on Environmental Health (www.aehf.comlarticies/apmold.htm)
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.
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 of 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.
The National Association 's position is that a REALTOR® can best reduce his or her risk by assisting participants in real estate transactions in having access to information that is or can be made available regarding mold. This enables the participants themselves to make informed and appropriate decisions; and thus the risks of such decisions are properly left to the party making the decision.
To aid REALTORS® in making information that is or can be known regarding mold related issues available to participants in real estate transactions, a brochure containing mold information that is appropriate for both residential and commercial transactions is available on the KAAR Web Site. The information in the brochure is based on information obtained from the Environmental Protection Agency.
MOLD LANGUAGE FOR BUYER INSPECTION AGREEMENT
In addition to the Mold Information Brochure, the following inspection language can be used in purchase or lease agreements to help insure that buyers or lessees are aware of mold issues and their rights to make inspections in connection therewith. ( The terms lessor and lessee may be substituted for the terms seller and buyer. )
[ The sample language provided below is meant to serve as a guide for REALTORS®. 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 REALTOR® in connection with mold disclosure. ]
"PROPERTY INSPECTIONS. SELLER SHALL PROVIDE IMMEDIATE ACCESS AND CONNECT ALL UTILITIES FOR BUYER'S INSPECTIONS. BUYER'S FAILURE TO MAKE INSPECTIONS AND TO GIVE WRITTEN NOTICE TO SELLER WITHIN THE TIME STATE IN THIS AGREEMENT SHALL BE DEEMED AS ACCEPTANCE BY THE BUYER OF THE PROPERTY'S PRESENT CONDITION.
Buyer may within ten (10) calendar days, commencing the day after acceptance of this agreement:
(1) have any inspections or testing, including but not limited to lead-based paint and lead-based paint hazards, molds and fungi hazards, and analysis of synthetic stucco or similar building materials, as deemed necessary by Buyer, made by experts or others at Buyer's expense; and
(2) indicate in writing the physical deficiencies which are not acceptable to Buyer and provide Seller with a copy of such inspection reports. Buyer and Seller will have five (5) business days after Seller's receipt of Buyer's list of unacceptable deficiencies to agree upon the payment for repairs or this agreement is null and void. In which event all parties agree to cancellation of the agreement and return of the deposit."
MOLD LANGUAGE FOR THE PROPERTY CONDITION DISCLOSURE
To further aid in detecting mold or potential mold problems, the following questions may be added to the Tennessee Residential Property Condition Disclosure.
[ The sample language provided below is meant to serve as a guide for REALTORS® to use in their Property Disclosure Forms. 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 REALTOR® in connection with mold disclosure. ]
Are there, or have there ever been, any visible signs of mold on the Property? If yes, please explain. ____________________________________________________________
Are there any musty odors on the Property? If yes, please specify the nature and possible sources thereof, if known. ___________________________________________________
[ The seller is required to disclose flooding or drainage problems on the Tennessee Property Condition Disclosure. You may be more specific by adding the following question: ]
Has any flooding or other water intrusion or accumulation occurred with respect to the Property? If yes, please disclose when, the extent and the nature thereof (including whether the source thereof was clean or sewer water). _________________________________________________________________________
Has the Property experienced any roof or plumbing leaks? If yes, please disclose when and the nature thereof. _____________________________________________________
Please identify any water stains on flooring or walls and the cause thereof. _________________________________________________________________________
Have the heating, cooling and ventilating systems been regularly maintained? ______________ Please disclose any problems and repairs made in connection with same.
Are there any window or door leaks on the Property? If yes, please describe in detail. _________________________________________________________________________
Does the Property contain landscape sprinklers that are, or have been, aimed at the exterior of any of the structures on the property? If yes, please explain when and where. __________________________________________________________________________
Have any repairs or treatment, other than routine maintenance, been made to the Property to eliminate mold? If yes, please disclose when and the nature and extent thereof. ___________________________________________________________________________
Radon Gas and Mold Notice U.S. Department of Housing
and Release Agreement and Urban Development
Office of Housing
Federal Housing Commissioner
Property Case #:
PURCHASERS ARE HEREBY NOTIFIED AND UNDERSTAND THAT RADON GAS AND SOME MOLDS HAVE THE POTENTIAL TO CAUSE SERIOUS HEALTH PROBLEMS.
Purchaser acknowledges and accepts that the HUD-owned property described above (the "Property") is being offered for sale "AS IS" with no representations as to the condition of the Property. The Secretary of the U.S. Department of Housing and Urban Development, his/her officers, employees, agents, successors and assigns (the "Seller") and [insert name of M & M Contractor], an independent management and marketing contractor ("M & M Contractor") to the Seller, have no knowledge of radon or mold in, on, or around the Property other than what may have already been described on the web site of the Seller or M & M Contractor or otherwise made available to Purchaser by the Seller or M & M Contractor.
Radon is an invisible and odorless gaseous radioactive element. Mold is a general term for visible growth of fungus, whether it is visible directly or is visible when barriers, such as building components (for example, walls) or furnishings (for example, carpets), are removed.
Purchaser represents and warrants that Purchaser has not relied on the accuracy or completeness of any representations that have been made by the Seller and/or M & M Contractor as to the presence of radon or mold and that the Purchaser has not relied on the Seller's or M & M Contractor's failure to provide information regarding the presence or effects of any radon or mold found on the Property.
Real Estate Brokers and Agents are not generally qualified to advise purchasers on radon or mold treatment or its health and safety risks. PURCHASERS ARE ENCOURAGED TO OBTAIN THE SERVICES OF A QUALIFIED AND EXPERIENCED PROFESSIONAL TO CONDUCT INSPECTIONS AND TESTS REGARDING RADON AND MOLD PRIOR TO CLOSING. Purchasers are hereby notified and agree that they are solely responsible for any required remediation and/or resulting damages, including, but not limited to, any effects on health, due to radon or mold in, on or around the property.
In consideration of the sale of the Property to the undersigned Purchaser, Purchaser does hereby release, indemnify, hold harmless and forever discharge the Seller, as owner of the Property and separately, M & M Contractor, as the independent contractor responsible for maintaining and marketing the Property, and its officers, employees, agents, successors and assigns, from any and all claims, liabilities, or causes of action of any kind that the Purchaser may now have or at any time in the future may have against the Seller and/or M & M Contractor resulting from the presence of radon or mold in, on or around the Property.
Purchaser has been given the opportunity to review this Release Agreement with Purchaser's attorney or other representatives of Purchaser's choosing, and hereby acknowledges reading and understanding this Release. Purchaser also understands that the promises, representations and warranties made by Purchaser in this Release are a material inducement for Seller entering into the contract to sell the Property to Purchaser.
Dated this ____ day of ____________, 20__.
Purchaser's Signature Purchaser's Signature
Purchaser's Printed Name Purchaser's Printed Name
Form HUD-9548-E (6/2004)