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THE MOLD CONTROVERSY (cont'd)
Decide to stay or leave
Your qualified mold doctor and industrial hygienist can advise you on whether you are safe in your home, or should relocate. Ask the mold expert how to remediate things you need to take with you—or if that is even possible. Generally, non-porous items like silverware and dishes can be cleaned. But porous items are considered irremediable. You can actually cross contaminate your new home if you take contaminated items with you.
Listen to the counsel of your experts. Whether you leave or stay, be sure to access the advice on websites that have a proven and unbiased track record, like the EPA, HADD or sites that can be helpful to you regarding documentation of your problem. It is also wise to consult a construction defect or toxic tort attorney who is both experienced and who has been successful in handling mold cases. A knowledgeable attorney can help you with information about hiring experts as well as how best to pursue your rights with your builder, landlord or insurance company. Wrong steps can be costly. But know this, most attorneys do not know a thing about how to prepare and win a mold case. Of the attorneys that say they know how, see if they have even won one. If they say they have “settled some” ask for the telephone number of their former client—then call him or her to see how the case ended. Many so-called mold attorneys have some experience, but always seem to lose their cases. You need an attorney who can win your case, not just take it to trial. There are a lot of pretenders out there, and not all of them work for the defense.
Remediation can be expensive and difficult, and if improperly handled, can be dangerous. Sometimes botched remediations have spread spores throughout a structure that might have otherwise been salvageable. It may be (and usually is) necessary to vacate the premises during remediation. In order to properly remediate, the water intrusion must be stopped. The structure must be dried. The spores must be contained and removed. Again, QUALIFIED professionals should handle mold, using the proper protective gear. Covering mold with paint is no solution. Covering up mold can get you sued for fraud if you ever sell the house. Have your mold investigator decide what needs to be done and then have a competent mold remediation contractor tender a bid to that scope of work. Once a home has been remediated, you need to have a clearance test performed to be sure it is safe before reentering.
Afterward
Individuals who have been in a moldy environment are frequently hyper-sensitized to mold and symptoms can re-occur when they re-encounter it. Some people are not able to return to a remediated structure for this reason, even though it might be healthy for someone else. Be careful going into old buildings, barns and even antique and second-hand bookshops.
Remember, if you decide to sell the house, the law in most states requires you to disclose known defects in the house before selling it. That means you will need to make a full and fair mold disclosure. Provide the reports and documentation from the work and the clearance testing. This is not only so that the buyer cannot say you hid anything from him, but because you do not want to put anyone else through what you just experienced. Tell the truth the whole truth and nothing but the truth.
© Kelly Vance 2008
This whitepaper was provided for general informational uses only. It is not legal advice or intended to be relied upon in your case for any reason. Remember, law may differ from state to state. The opinions expressed in this paper are those of the author and no statements in this paper should be taken as an expression of an expert opinion.
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