Navigating Mold Disclosures: Protecting Yourself and Your Client
As a real estate agent, your role isn’t to diagnose mold — it’s to ensure your clients are properly informed and protected. That starts with encouraging transparency and complete disclosures. If a seller mentions past leaks or remediation, make sure that information is reflected in the property disclosures. If they’re unsure, advise them to seek a professional opinion before listing. Avoid making verbal reassurances about mold safety unless a qualified third party has documented it.
Realtors also need to be aware of their own legal exposure. In many states, agents can be held liable for failing to disclose known material defects — including mold — even if they weren’t the property owner. When in doubt, document everything and encourage written communications. A well-documented paper trail is your best defense in any future dispute.