House Detective: Making the Most of Home Inspection

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry: : Our laundry is located on the second floor, directly adjacent to the bathroom. Whenever I run the dryer, the bathroom becomes very humid if the door is shut. I’ve also noticed something like black soot on the bathroom walls. I wash it off, but it always comes back. What could be causing the humidity and the soot, and what can I do to resolve this?   Debbie

Dear Debbie: Here are two possibilities: The vent duct for the clothes dryer may be connected to the bathroom vent duct in the attic. This would allow steam from the clothes dryer to enter the bathroom through the ceiling vent.

Another possibility is disconnection of the dryer vent inside the wall or ceiling of the bathroom. This would cause the moisture from your clothes to vent into the wall or ceiling cavities, raising the humidity in that room.

Another concern is that the “soot” on the walls could actually be black mold, caused by the excessive moisture condition. If so, this would raise health concerns for your family.

To evaluate and resolve this situation, three things need to be done:

1)  A licensed contractor should investigate the path of the dryer vent to determine whether it is disconnected or not properly vented to the exterior.

2)  The wood framing should be inspected to determine whether moisture exposure has caused fungus infection and dryrot.

3) The area should be evaluated by a qualified mold inspector to determine if mold is the problem and if mold remediation is needed. Air samples should be taken from wall cavities to determine whether there is mold behind the drywall.

Dear Barry: Construction of our new home was recently completed, but four days before the closing, vandals broke into the house. They stopped up all of the drains and turned on the faucets. The builder found the mess in the morning. He immediately replaced the carpeting and some of the drywall, but he dismissed the possibility of mold. We are confident that he can repair all of the water damage but are concerned about future health issues in the home. Because of this, we may walk away from the transaction. Do you think we are overreacting?  Ken

Dear Ken:Your concerns about mold are reasonable, but this should not become a deal-killing point of contention. Mold may or may not be an issue in this situation, but the matter needs to be determined, one way or the other.

Mold typically occurs when there is a prolonged moisture condition. In this case, the moisture may have been addressed before mold had a chance to develop. A mold report would provide the answer to that question, and the builder should be willing to go that extra step to resolve your final concerns in the aftermath of the vandalism. Instead of dismissing the issue, he should hire a qualified mold inspector to evaluate the property and provide a comprehensive mold report.

Aside from the health effects of mold, there is another consideration in this matter: the issue of future disclosure. Flooding of the home is now a part of the property’s history. When you eventually sell the home, this will need to be disclosed to future buyers. A clean mold report can prevent that disclosure from raising major concerns. On that basis, the question of mold needs to be answered by a qualified professional.

Dear Barry: I recently had a flood problem in one of the apartments that I manage. The unit was vacant, and several weeks passed before the moisture condition was addressed. Now there is mold on much of the drywall. Everyone I ask has a different opinion about mold. Some say I should hire a contractor who specializes in flood damage. Others say I should get a professional mold inspection first. And one person says I should simply clean the mold with bleach and repaint the walls. What do you say?  Don

Dear Don: The problem with mold today is that is can no longer be viewed as purely pragmatic issue. The overriding consideration has become liability. The days when mold could be washed with bleach and covered with paint are over.  Mold is now a legal problem, as well as a health consideration.

At the same time, the health affects of mold cannot be dismissed. Some people have been severely harmed by mold exposure. On the other hand, there are cases where moldy walls could be washed and painted with no adverse health consequences to anyone. But much more is at stake than the likelihood of health problems. For example, what happens when a future occupant of the building learns that there once was mold in the building and demands documentation to verify that the mold was tested and that removal was done in accordance with environmental standards and with follow-up air-testing. In that case, you would wish that you had done more than apply bleach and paint.

This is the situation that now exists because of past lawsuits and widely publicized hysteria about the dangers of mold. It is from this standpoint that one must consider matters of mold, especially with rental property.

On this basis, a thorough mold evaluation by a qualified expert is recommended, prior to repairing and refinishing the interior of the apartment.

The House Detective:  by Barry Stone, Certified Home Inspector

Dear Barry: We’re about to buy a six-year-old home that originally had a mold problem. Fortunately, the builder removed all of the affected materials from the building. If we buy this home, are we required to disclose the initial mold issue to our home inspector, or should we wait to see if he notices any evidence of mold?  Jack

Dear Lars: What possible advantage could there be in withholding information that would assist your home inspector in evaluating the property you are buying? The inspector is your hired consultant; there for your exclusive benefit; to provide you with essential decision-making data. Any information or other assistance you can provide toward full evaluation of the property is to your advantage. If the property has a history of mold, let your inspector know about it. That way, pertinent moisture conditions and related defects can be carefully considered and evaluated during the inspection.

Testing your inspector, rather than lending your trust and assistance can have costly consequences. Here’s a true story that illustrates the point: The buyers of a home had been told the property was located within a flood plane, but they never mentioned this to their home inspector. The inspector observed no evidence of potential flooding and therefore made no disclosure of it in his report. The buyers therefore dismissed the issue of possible flooding and proceeded with the purchase. After the close of escrow, the first heavy rains caused ground water to flood the interior of their home. They blamed the home inspector for this “surprise” and filed a lawsuit for nondisclosure, even though they had withheld prior knowledge of flood potential on the day of the inspection.

If you alert your home inspector to the history of mold infection, then potential moisture sources such as plumbing leaks, roof leaks, and ground drainage problems can be given particular attention during the inspection. By withholding that disclosure, there is greater likelihood that a significant issue could be missed.

Be aware also that home inspectors do not make determinations regarding the presence of mold. Since the property has a mold history, you would be prudent to hire a mold expert to affirm that there is no residual mold infection in the building.

The House Detective by Barry Stone, Certified Home Inspector

Dear Barry: We purchased our home about a year ago. After moving in, we noticed a dark spot on the bathroom wallpaper. When we peeled up an edge, there was mold and lots of it! It turned out there was a slow leak in the wall, caused by the seller who did his own plumbing repairs. A plumber fixed the leak, and the sellers’ real estate agent sent a handyman to get rid of the mold. He removed the base of the cabinet, sprayed some stuff on the wood and drywall, and then closed it back up. But my daughter and I are allergic to mold and have been having symptoms ever since. With the sellers’ agent having knowledge of this mold problem, do we have any recourse?  Shelly

Dear Shelly: Mold cannot be fully remedied by any kind of spray. Professional expertise is necessary to address mold in a responsible and effective manner. No handyman should be doing this kind of work, and a professional agent should know this. The proper solution for mold infection is total removal of all affected materials: drywall, wood, etc. The sellers and their agent need to arrange for a mold survey by a Registered Environmental Assessor. Mold samples should be sent to a lab to determine the types of mold that are present. Air testing should also be done to determine the types and amounts of mold spores that are airborne in your home. Once a mold report has been issued, the contamination should be eliminated by a qualified, professional expert.

The House Detective by Barry Stone, Certified Home Inspector

Dear Barry: My parents just sold their home, and they disclosed in writing that the basement becomes wet during rainy weather. The buyers chose not to have a home inspection, and now they accuse my parents of hiding a mold problem in the basement. They’ve even hired an attorney. Shouldn’t the buyers have hired a home inspector, and if they chose not to have an inspection, weren’t they saying, in effect, that they weren’t particularly concerned about disclosure of defects? Dan

Dear Dan: Buying a home without a home inspection and then complaining about undisclosed defects is like buying a pair of shoes without trying them on and then complaining that they cause blisters. Only a naive, ill-advised buyer would forego a home inspection in today’s real estate market. The people who bought your parent’s home did not exercise due diligence. That’s their fault. Now that the deal is closed, the proverbial milk is spilt, and they are looking for someone to blame.

It is not unusual or surprising that your parents were unaware of the mold in the basement. Most basements are dimly lit, and mold on basement walls can easily go unnoticed by homeowners. When mold is discovered by an inspector, sellers are usually surprised. If the discovery occurs after the close of escrow, a disgruntled buyer with the aid of an attorney can raise a lot of grief and trouble. Unfortunately, there is always an attorney ready and willing to take such cases, regardless of merit. And once an opponent hires an attorney, there is little choice but to engage an attorney of your own.

Hopefully, some reason can be brought to bear in the matter. The buyers should be informed that not all mold infections are dangerous. Instead of jumping to conclusions about the severity of the problem, and instead of making unfounded accusations of nondisclosure, a qualified mold specialist should be hired to evaluate the condition. However, the mold inspector should not be a “hired gun” to validate the position of either the buyers or the sellers. Instead, the inspector should render an unbiased opinion about the nature and extent of the mold. And if possible, the dispute should be settled by mediation, not by litigation.

The House Detective by Barry Stone, Certified Home Inspector

Dear Barry: We purchased our first home about two months ago, and we hired a home inspector to check it out. But two months after moving in we discovered black mold in the basement. The inspection report says there were no visible problems in the basement, but the mold is clearly visible. My concern is that there may be additional mold inside the walls. If the home inspector had simply alerted us to the problem, we could have resolved the issue with the sellers. Do we have any recourse against the inspection company for nondisclosure? Jim

Dear Jim: Recourse against the home inspection company depends on the inspection contract you signed and the laws that govern inspector liability in your state. The contract, for example, may specifically exclude mold from the inspection process. Mold is usually disclaimed in home inspection contracts because there is so much legal and financial liability associated with mold issues and because it takes special expertise to evaluate the severity of mold infection.

On the other hand, the basic imperative of a home inspection is to disclose conditions that are visible and accessible. If black mold is visible in a home, how can it serve the liability concerns of a home inspector to say nothing about it? There is more liability for the inspector who ignores visible mold than the one whose report says, “Black stains were noted on the basement walls. Further evaluation of this home by a qualified mold specialist is recommended.”

There are many home inspectors who firmly debate this position, who believe that home inspectors should make no mention of mold for fear of being held to a higher standard with regard to mold disclosure. But home inspectors are hired to provide pertinent information regarding property defects, not merely to dodge liability exposure. The avoidance of unreasonable liability is important to every inspector because many frivolous claims and lawsuits have been filed against good home inspectors. But regardless of such threats, home inspectors should remain focused on the essential reason they were hired: to serve the interest of the clients who hire them by disclosing apparent defects.

As for the mold in your basement: Keep in mind that mold is not always a serious problem. Mold is not always toxic, and mold removal is not always expensive. Before assuming the worst, notify the home inspection company of your concerns and request that they conduct a reinspection of the basement. Then, have a professional mold specialist evaluate and test the mold. Samples should be tested by an environmental lab to determine which kinds of mold are present, and bids from local mold removal contractors should be obtained. Again, not all forms of mold have adverse health effects, and the mold in your home may be limited to a small area. If the mold infection is small, mitigation may not be costly or involved. If it is large or involves hazardous mold, you can weigh the pros and cons of liability with the home inspector.