As the U.S. Environmental Protection Agency explains, mold in your home can be a serious health hazard that puts you at risk of allergic reactions, asthma attacks, eye irritation, skin, nose, throat, and lung irritation, and illnesses caused by toxic mold.
Because mold can be so dangerous, California has laws in place that protect homebuyers from unknowingly buying a home with mold in it. Unfortunately, not all home sellers follow the rules.
Their failure to do so could put you at risk if you move into a home that makes you sick.
If this happens to you, Matthew De Lira is here to help. As a San Diego mold lawyer, Matthew can help you understand your rights and pursue legal action against a homeowner who failed to live up to mold disclosure laws for home sales in California.
To find out more, read on to learn about the mold laws in California, or reach out to attorney Matthew De Lira to get help understanding your legal rights and pursuing a claim for compensation. Your consultation is free, so call today.
Mold disclosure laws for home sales in California
There are several different laws aimed at protecting home buyers in California from buying a property with undisclosed mold. These include the following:
- California Civil Code § 1102.6 requires anyone selling a one-to-four unit residential property to accurately complete a legally binding document called the Transfer Disclosure Statement (TDS). On this statement, sellers must disclose any past water leaks or damage, mold or moisture-related repairs, environmental hazards at the property, or known mold contamination.
- California Health and Safety Code § 26140 also requires sellers of industrial or commercial property to provide a disclosure to buyers if they know of the presence of mold affecting the unit, while California Health & Safety Code § 26147 requires written disclosure from landlords to renters about the presence of mold.
These rules make clear that hiding the presence of mold is not acceptable in California, so those who are selling a home must ensure they provide information to potential buyers if the sellers know, or should know, about mold risks at the property.
Homebuyer rights after mold exposure
If you buy or rent a home that has undisclosed mold, you may have a number of potential options depending on the circumstances. You could:
- Pursue a claim against the seller for repair costs, diminished value of the property, and other losses, including, in some cases, punitive damages.
- Try to rescind your purchase and undo the sale of the home.
- Pursue a claim against the seller if the mold in the property makes you sick, and you believe you were made ill because the home seller violated their duties of disclosure.
You may be entitled to substantial compensation, especially if the mold made you or your loved ones sick after a seller failed to disclose the risk.
Contact a California mold injury lawyer
It’s important to understand your legal rights if mold in a property you purchased caused you harm. Matthew De Lira offers legal representation to mold injury victims, and our legal team can help you in your pursuit of justice.
To find out more about what a California toxic mold injury lawyer can do to help you, give us a call today to schedule your free consultation.