Water & Mold Damage Reporting
Learn more about the specific State by State regulations for water & mold damage reporting, and how Spaulding Decon can help with the restoration at your property.
State by State Disclosure / Reporting
Locate specific information by State: Water and Mold Damage Reporting
Regulatory Details by State:
Alabama
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Alabama law provides that a seller or sellers agent has a duty to disclose information about used real estate in three scenarios – 1) Defects affecting health and safety, 2) where a fiduciary relationship exists, and 3) upon specific inquiry by the buyer. See Moore, 849 So. 2d 914 (Ala. 2002); see also Ala. Code § 6-5-102 (1975).
Citation 1
https://eforms.com/images/2015/09/alabama-property-condition-diclosure-statement.pdf
Alaska
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
seller has a duty to disclose important facts that might negatively affect the value of the property. (This comes from a court case called Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (1986).)
Citation 1
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Arizona
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
seller has a duty to disclose important facts that might negatively affect the value of the property. (This comes from a court case called Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (1986).)
Citation 1
Citation 2
Arkansas
Mold and Water Disclosure
No
Mold and Water Damage Disclosure
Arkansas has no law that requires you to give a formal disclosure statement to a potential buyer of your house.
Citation 1
Citation 2
https://www.adeq.state.ar.us/poa/cscpc/meth-contaminated.aspx
California
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
California law requires sellers to disclose to potential buyers, in writing, any details about the property that may affect the potential buyers desire to purchase the property, or the amount the potential buyer is willing to pay.
Citation 1
Citation 2
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1596
Colorado
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
To protect home buyers, the Colorado Division of Real Estate state law requires REALTORS® to disclose toxic mold or any other adverse condition in a home.
Citation 1
https://drive.google.com/file/d/14GP-S-lvlqu-TkXrSO98KO_ve5CIFYSD/view
Citation 2
Connecticut
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Sellers of residential property are required by state law to disclose certain defects with their home that could impair its value.
Citation 1
Delaware
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Requires the seller of residential real estate to complete a formknown as the Sellers Disclosure of Real Property Condition Reportsetting forth any known conditions and defects with the property.
Citation 1
https://dprfiles.delaware.gov/realestate/DREC_Property_Disclosure_Condition_Report.pdf
Florida
Mold and Water Disclosure
No*
Mold and Water Damage Disclosure
While a sellers property disclosure form is not required under Florida law, Florida law does require sellers and their realtors to disclose any significant property defects that may not be easily visible to the buyer. Buyers still have the responsibility to have the property inspected.
Citation 1
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Georgia
Mold and Water Disclosure
No*
Mold and Water Damage Disclosure
Georgia real estate law stipulates that you must disclose any material defects that would cause a person to pay less or not at all for the property.
Citation 1
Hawaii
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Pursuant to Hawaii Revised Statutes Section 508D-9, the seller is obligated to prepare the Hawaii Sellers disclosure statement in good faith and with due care. In good faith and with due care includes honesty in fact in the investigation, research, and preparation of the Hawaii Sellers disclosure statement.
Citation 1
http://hawaiirealestatedreams.com/wp-content/uploads/Hawaii-HAWAII-Buyer-Advisory.pdf
Idaho
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Requires Sellers of residential real property to complete a property condition disclosure form. PURPOSE OF STATEMENT: This is a statement of the conditions and information concerning the property known by the Seller.
Citation 1
https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch25/sect55-2508/
Citation 2
https://healthandwelfare.idaho.gov/health-wellness/environmental-health/clandestine-labs
Illinois
Mold and Water Disclosure
No
Mold and Water Damage Disclosure
There is no statutory requirement to provide a mold disclosure form.
Citation 1
https://www.illinoisrealtors.org/blog/illinois-realtors-longer-offers-mold-disclosure-forms/
Citation 2
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2152&ChapterID=62
Indiana
Mold and Water Disclosure
Yes*
Mold and Water Damage Disclosure
Wysocki, 990 N.E.2d 456 (Ind. 2003), the Indiana Supreme Court made clear that a sellers affirmative duty to disclose any known material latent defects exists even when a buyer waives the right to inspection or signs an As Is Addendum.
Citation 1
Iowa
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Iowa Code § 558A, which requires you, as a seller, to deliver a written disclosure statement to a person interested in buying your property before theyve made a written offer or youve accepted it. The law further requires sellers to send the disclosure statement to the potential buyer either personally or by certified or registered mail.
Citation 1
https://www.legis.iowa.gov/docs/iac/rule/09-10-2008.193E.14.1.pdf
Citation 2
https://www.legis.iowa.gov/docs/iac/rule/03-28-2018.193E.14.1.pdf
Kansas
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
§ 58-30.106 states that you or your real estate agent must disclose to the buyer all adverse material facts that you actually know about the property, including: environmental hazards that affect it. its physical condition. any material defects in the property itself.
Citation 1
Kentucky
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
States that sellers must reveal any known material defects of a property that may affect its value or desirability.
Citation 1
https://krec.ky.gov/Documents/402-SellersDisclosureofPropertyCondition.pdf
Citation 2
Louisiana
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
According to Act 308 of the 2003 Legislative Session (R.S. 9:31969:3199), a seller of residential property in Louisiana must provide a property disclosure statement, which should include information on previous or current mold problems.
Citation 1
https://lrec.gov/laws-and-rules/rules-and-regulations/#38
Citation 2
https://www.lawserver.com/law/state/louisiana/la-laws/louisiana_revised_statutes_9-3198-1
Maine
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
A seller must disclose known material defects about the property. Typically, a seller would make these disclosures on a Property Disclosure Form.
Citation 1
https://legislature.maine.gov/statutes/33/title33sec173.html
Citation 2
https://legislature.maine.gov/statutes/33/title33sec173.html
Maryland
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Under Maryland state law, when you sell a home, youre required to offer up any information you have regarding latent damage. Latent damage refers to any issues that may not be obvious to the buyer or have been a problem in the past.
Citation 1
Massachusetts
Mold and Water Disclosure
No
Mold and Water Damage Disclosure
Caveat Emptor state: Private, individual sellers of residential properties in Massachusetts DO NOT have to voluntarily disclose defects like mold infestation, termites, or water leaks.
Citation 1
Michigan
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Michigan disclosure laws require a seller to disclose what is personally known about the home, including any imperfections.
Citation 1
Citation 2
https://www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-92-of-1993.pdf
Minnesota
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Minnesota law specifies that the seller of a residential property must make a written disclosure to the prospective buyer that includes all material facts of which the seller is aware that could adversely and significantly affect 1) an ordinary buyers use and enjoyment of the property, or 2) any intended use of the property of which the seller is aware (Minnesota Statute 513.55).
Citation 1
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Mississippi
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Homeowners are required to disclose any mold issues during a sale.
Citation 1
http://www.mrec.ms.gov/docs/mrec_forms_PCDS2017FINAL-LETTERWITHNUMBERS.pdf
Missouri
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
§ 339.730. 1. This states that an agent must disclose to any potential buyer all adverse material facts actually known or that should have been known by the agent.
Citation 1
Citation 2
Montana
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Montanas Mold Disclosure Act mandates that property sellers who know that a building has mold present tell any prospective buyers about it before they sign a purchase contract.
Citation 1
https://leg.mt.gov/bills/mca/title_0700/chapter_0160/part_0070/section_0030/0700-0160-0070-0030.html
Citation 2
Nebraska
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Stat. § 76-2,120. That statute says that every Nebraska seller must give the purchaser a written disclosure statement of the real propertys condition. The law applies both to outright sales and to leases with an option to purchase.
Citation 1
https://nebraskalegislature.gov/laws/statutes.php?statute=76-2,120
Citation 2
https://law.justia.com/codes/nebraska/2018/chapter-71/statute-71-2433/
Nevada
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Under Nevada law, your right to have a home inspection prior to purchase does not replace the sellers duty to disclose known defects in the home. In Nevada, even banks selling foreclosed homes must disclose to buyers defects in the property of which the bank is aware.
Citation 1
https://red.nv.gov/uploadedFiles/rednvgov/Content/Forms/547.pdf
Citation 2
New Hampshire
Mold and Water Disclosure
No*
Mold and Water Damage Disclosure
Mold is not a state code violation in New Hampshire.
Citation 1
https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents/2021-11/holu-mold-and-moisture.pdf
Citation 2
New Jersey
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
In New Jersey, sellers have a duty to disclose material facts or defects and cannot hide information about their property.
Citation 1
New Mexico
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Property owners in New Mexico are required to disclose known material defects prior to engaging in a real estate transaction.
Citation 1
https://www.nmhealth.org/about/erd/eheb/mp/
Citation 2
https://law.justia.com/codes/new-mexico/2011/chapter47/article13/section47-13-3
New York
Mold and Water Disclosure
Yes*
Mold and Water Damage Disclosure
Seller is required to disclose known housing defects to the buyer in a real estate transaction.
Citation 1
North Carolina
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
The Residential Property Disclosure Act, codified as North Carolina G.S. 47E, requires the seller of residential real estate (one to four dwelling units) to complete a formknown formally as the Residential Property and Owners Association Disclosure Statementdisclosing conditions and defects with the property.
Citation 1
https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter47E
Citation 2
North Dakota
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
As the seller you are required to disclose all material facts of which you are aware that could adversely and significantly affect an ordinary buyers use and enjoyment of the property or any intended use of the property of which you are aware. the best of your knowledge at the time of the disclosure.
Citation 1
Ohio
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Ohio disclosure law requires sellers to disclose only those items they know about. This means that you arent required to get an independent inspection to complete the form, only to list what you have learned and observed about the house through having lived there and taken care of it.
Citation 1
https://com.ohio.gov/static/documents/real_COMResidentialPropertyDisclosureForm.pdf
Oklahoma
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Sellers need to inform buyers of any defects in the home that they are aware of.
Citation 1
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Oregon
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Requires sellers of real property to disclose the presence of mold to prospective buyers.
Citation 1
https://oregonrealtors.org/sites/default/files/Oregon%20Property%20Seller%20Advisory_0418_1.pdf
Citation 2
Pennsylvania
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Pennsylvania home sellers must, by law, advise potential buyers of the property about known material defects that are not readily observable, including structural problems, hazardous substances, and more, before the sale is completed.
Citation 1
https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=68&div=0&chpt=73
Rhode Island
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Sellers are under a duty to disclose any defects in the title deeds and any latent (hidden) encumbrances (adverse matters) to potential buyers. The latter have been held to include a right of way that, although apparent on inspection, was held to be a latent defect that should have been disclosed to the buyer.
Citation 1
http://webserver.rilin.state.ri.us/Statutes/TITLE5/5-20.8/5-20.8-2.HTM
South Carolina
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
According to South Carolina Code § 27-50-40, you must give the purchaser a written disclosure statement.
Citation 1
http://webserver.rilin.state.ri.us/Statutes/TITLE5/5-20.8/5-20.8-2.HTM
South Dakota
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Disclosure is required by law to be completed by sellers of real property and given to potential buyers.
Citation 1
https://dlr.sd.gov/realestate/forms/sellers_property_condition_disclosure_statement.pdf
Citation 2
Tennessee
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
The Residential Property Disclosure Act in Tennessee Code Annotated § 66-5-201 to 210 requires most sellers of residential real estate to complete a disclosure statement.
Citation 1
https://www.tn.gov/health/cedep/environmental/healthy-homes/hh/buyers.html
Citation 2
https://www.tn.gov/environment/program-areas/rem-remediation/meth.html
Texas
Mold and Water Disclosure
No
Mold and Water Damage Disclosure
N/A
Citation 1
Utah
Mold and Water Disclosure
No
Mold and Water Damage Disclosure
The only disclosure explicitly required by Utahs statutory law is that sellers tell prospective buyers whether there has been contamination due to use, storage, or manufacture of methamphetamines in the home.
Citation 1
https://www.nolo.com/legal-encyclopedia/utah-home-sellers-disclosures-state-law.html
Citation 2
https://le.utah.gov/xcode/Title57/Chapter27/C57-27_1800010118000101.pdf
Vermont
Mold and Water Disclosure
No
Mold and Water Damage Disclosure
Vermont law requires Seller to inform house buyers of previous mold issues.
Citation 1
https://www.nolo.com/legal-encyclopedia/selling-vermont-home-disclosure-obligations.html
Virginia
Mold and Water Disclosure
Yes*
Mold and Water Damage Disclosure
Virginia is a caveat emptor (buyer beware) jurisdiction. Sellers of real estate in Virginia are not necessarily required to fully disclose all property defects when you buy the property, especially when the sale is AS IS.
Citation 1
https://law.lis.virginia.gov/vacode/title55.1/chapter7/section55.1-703/
Washington
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
Washington State requires sellers of residential real property to thoroughly disclose material facts.
Citation 1
Citation 2
https://www.tpchd.org/home/showpublisheddocument/416/636426285873570000
West Virginia
Mold and Water Disclosure
No*
Mold and Water Damage Disclosure
West Virginia does not have law that requires you to give a formal disclosure statement to a potential buyer of your house. West Virginia courts enforce caveat emptor clauses in purchase contracts.
Citation 1
Citation 2
http://www.wvlegislature.gov/wvcode/code.cfm?chap=60a&art=11
Wisconsin
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
The Real Estate Condition Report required by law in Wisconsin requires the seller to answer questions on the condition of the property being sold.
Citation 1
Wyoming
Mold and Water Disclosure
Yes
Mold and Water Damage Disclosure
The Real Estate Condition Report required by law in Wisconsin requires the seller to answer questions on the condition of the property being sold.
Citation 1