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 04/05/2011
MOLD DISCLOSURE, STATE ACTIVITY (April 2003)

ArizonaQuestions regarding mold were added to the Seller’s Property Disclosure Statement (SPDS). Attached to the front of the SPDS is a one-page “Seller’s Advisory” which gives the seller some information regarding why there are questions on mold and conditions conducive to mold.

Mold is addressed in the Arizona Department of Real Estate Buyer Advisory.

Mold has been added to the Home Buyer’s Checklist.
CaliforniaMold is included on the state-mandated Transfer Disclosure Statement, which sellers must complete in residential real estate transactions.

CAR worked with the California Department of Health Services to include a section on mold in their Environmental Hazards Disclosure book.
GeorgiaThe Georgia Association of REALTORS provides a voluntary seller’s property disclosure form, which is widely used in residential transactions.
IowaThe Seller Disclosure form asks if the seller is aware of any “toxic" mold on the property. Also, there is a question re: Physical problems with the property, including flooding.
LouisianaHouse Bill No. 92, Sponsor: Representative Gil Pinac (D)
Requires sellers to make certain disclosures in the sale of residential real estate, including any known defect that has a substantial adverse effect on the value of the property or significantly impairs the health or safety of future occupants of the property
Status: Prefiled on February 12, 2003, Introduced and referred to the Committee on Commerce on March 31, 2003
MichiganSenate Bill No. 88, Sponsor: Senator Samuel Thomas (R)
Requires the seller to include disclosure of toxic mold on the seller disclosure form. Question reads: “Toxic mold: Are you aware of any toxic mold on the property?”
Status: Introduced and referred to the Committee on Local, Urban and State Affairs Committee on January 28, 2003

Senate Bill 172, Sponsor: Senator Samuel "Buzz" Thomas (D)
Requires sellers to disclose mold using the “Toxic Mold Disclosure Statement”
Status: Introduced and referred to the Committee on Economic Development, Small Business, and Regulatory Reform on February 11, 2003
MississippiMold is included in the Mold Disclosure and Waiver form.
MontanaHouse Bill No. 536 , Sponsor: Representative John Brueggeman (R)
Requires disclosure of the potential for mold in inhabitable property with agreements for the sale and purchase of inhabitable property; and disclosure of prior testing and mitigation and providing immunity for sellers, landlords, seller's agents, buyer's agents, and property managers who comply with the disclosure requirements
Status: Passed House on February 19, 2003, Passed Senate on April 4, 2003, Conference committee appointed to work out differences in House and Senate versions
New JerseyThe New Jersey Association of REALTORS (NJAR) states in its NOTICE TO BUYER AND SELLER Contract under INSPECTION CONTINGENCY CLAUSE (a) Responsibilities of Home Ownership that “The Broker(s) and Salesperson(s) have no special training, knowledge or experience with regard to evaluation of possible environmental conditions which might affect the Property pertaining to the dwelling such as the existence of radon gas, formaldehyde gas, airborne asbestos fibers, toxic chemicals, underground storage tanks, lead, MOLD or other pollutants in the soil, air or water”.
    In addition to the above contract, the NJAR STANDARD FORM OF SELLER’S PROPERTY CONDITION DISCLOSURE STATEMENT under POSSIBLE ENVIRONMENTAL CONDITIONS #71 reads “Are you aware of any problem with mold on the property? If “yes” Explain”.
    OklahomaHouse Bill 1745, Sponsor: Representative Doug Miller (R)
    Requires the seller to disclose on the property disclosure statement "any condition of the property which materially affects the physical health or safety of an individual"
    Status: Introduced and referred to the Judiciary Committee on February 4, 2003
    Rhode IslandA line for mold was added as one of the dozens of questions that a seller must answer on the seller disclosure form.
    TexasMold was added to the Seller’s Disclosure Notice.