Is It Legal To Sell A House With Mold

Is It Legal to Sell a House with Mold?

If you’re preparing to sell an old home with any mold or mildew issues, you likely have many questions. You may be wondering the legality of real estate sales with fungi infested properties, how mold devalues your home, and if it’s necessary to disclose past problems.

It’s essential to do your research on state guidelines that outline the legal way to continue with these property sales. Below, we’ll cover some of the fundamental questions that come to mind when you’re preparing to sell a home with mold problems.

Selling a House With Mold Problems

Home For Sale With Mold

You may be surprised to know that yes, it is legal to sell a house with fungi-including toxic black mold. There aren’t any legal restrictions barring this. However, the legal restrictions matter when disclosing present or past fungus issues to a potential buyer. We’ll cover more of that information below.

Selling houses with mold issues is a bit complicated to navigate, but relatively common. Cash buyers purchase homes as they are. If and when a seller accepts the buyer’s offer in cash, that means the seller is free of any responsibility regarding any defects in the property, including the mold present.

Now, suppose the seller deliberately hid any presence of fungus or mildew from the real estate investor before accepting their cash offer. In that case, the buyers could initiate a lawsuit based on intentional non-disclosure. That is regardless of any paperwork signed between the homeowner and investor.

How Much Does Mold Affect Home Value?

Mold on the exterior of your property, such as siding, won’t have a substantial negative impact on the market value of your property. It also won’t be too much of a health or safety concern. Mold remediation is done to have an interior spore count that matches your exterior spore count.

This means that spores on the outside of your home won’t be much of a health concern, but it will affect your home’s appearance, which always lessens its market value.

Interior spores, however, are a different story. If you see dark patches in small, condensed areas like a shower with regular moisture, that’s not much of an effect on the value. Neither would mildew in a bathroom affect much either.

When you see the growth of fungi on walls, floors, or ceilings in areas of the home that should be otherwise dry, this indicates a larger fungal growth problem. This is when remediation would be absolutely necessary. These services can be quite expensive. Plus, anytime professional mold remediation is executed, you’ll need to disclose this in any purchasing paperwork based on state guidelines.

Do You Need to Disclose Mold When Selling a House?

In many states, it is a requirement for sellers to disclose any known defects of the home to the buyers in paperwork. Including the history of mold and whether or not it has been professionally handled.

It’s best to check with your agent about the state’s requirements surrounding fungi disclosure to follow the rules in your area.

Check real estate disclosure forms for phrases such as “are you aware of mold testing on the property?” or “are you aware of fungi or mildew issues that have or are affecting the property?”

Disclosing Mold In House

When trying to sell a house, it’s best to put yourself in the buyer’s shoes and think about how you would feel if someone tried to hide fungi issues and the way that would affect your decision to purchase the home. Living in a home with mold is be a serious concern. If you believe it would change your mind about following through with a purchase, you should disclose that information.


If you need mold remediation services, don’t wait to have it handled by professionals. At All Dry USA, we cover various damage restoration and repair services, including mold remediation. With our services, you can get your mold under control and your house on the market quickly. Call us at (866) 714-9234 to book an appointment today!

Ben Suiskind
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