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.
Locate specific information by State: Water and Mold Damage Reporting
Yes
Alabama law provides that a seller or seller’s 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).
https://eforms.com/images/2015/09/alabama-property-condition-diclosure-statement.pdf
Yes
Alaska Stat. 34.70 et seq. broadly covers disclosure requirements for home sellers in Alaska. The statute requires that before the buyer makes a written offer for the property, the seller “deliver by mail or in person a completed written disclosure statement,” unless the buyer and seller agree to waive this requirement.
https://www.commerce.alaska.gov/web/portals/5/pub/rec4229.pdf
https://www.methlabcleanup.com/AK%20DISCLOSURE.pdf
Yes
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).)
https://www.azleg.gov/legtext/50leg/2r/laws/0327.htm
No
Arkansas has no law that requires you to give a formal disclosure statement to a potential buyer of your house.
https://www.adeq.state.ar.us/poa/cscpc/meth-contaminated.aspx
Yes
California law requires sellers to disclose to potential buyers, in writing, any details about the property that may affect the potential buyer’s desire to purchase the property, or the amount the potential buyer is willing to pay.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1596
Yes
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.
https://drive.google.com/file/d/14GP-S-lvlqu-TkXrSO98KO_ve5CIFYSD/view
Yes
Sellers of residential property are required by state law to disclose certain defects with their home that could impair its value.
Yes
Requires the seller of residential real estate to complete a form—known as the Seller’s Disclosure of Real Property Condition Report—setting forth any known conditions and defects with the property.
https://dprfiles.delaware.gov/realestate/DREC_Property_Disclosure_Condition_Report.pdf
No*
While a seller’s property disclosure form is not required under Florida law, Florida law does require seller’s 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.
No*
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.
Yes
Pursuant to Hawaii Revised Statutes Section 508D-9, the seller is obligated to prepare the Hawaii Seller’s 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 Seller’s disclosure statement.
http://hawaiirealestatedreams.com/wp-content/uploads/Hawaii-HAWAII-Buyer-Advisory.pdf
Yes
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.
https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch25/sect55-2508/
https://healthandwelfare.idaho.gov/health-wellness/environmental-health/clandestine-labs
No
There is no statutory requirement to provide a mold disclosure form.
https://www.illinoisrealtors.org/blog/illinois-realtors-longer-offers-mold-disclosure-forms/
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2152&ChapterID=62
Yes*
Wysocki, 990 N.E.2d 456 (Ind. 2003), the Indiana Supreme Court made clear that a seller’s 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.
https://www.in.gov/idem/contact/file-a-complaint/
Yes
Iowa Code § 558A, which requires you, as a seller, to deliver a written disclosure statement to a person interested in buying your property before they’ve made a written offer or you’ve accepted it. The law further requires sellers to send the disclosure statement to the potential buyer either personally or by certified or registered mail.
https://www.legis.iowa.gov/docs/iac/rule/09-10-2008.193E.14.1.pdf
https://www.legis.iowa.gov/docs/iac/rule/03-28-2018.193E.14.1.pdf
Yes
§ 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.
https://www.ksrevisor.org/statutes/ksa_ch58.html
Yes
States that sellers must reveal any known material defects of a property that may affect its value or desirability.
https://krec.ky.gov/Documents/402-SellersDisclosureofPropertyCondition.pdf
Yes
According to Act 308 of the 2003 Legislative Session (R.S. 9:3196—9:3199), a seller of residential property in Louisiana must provide a property disclosure statement, which should include information on previous or current mold problems.
https://lrec.gov/laws-and-rules/rules-and-regulations/#38
https://www.lawserver.com/law/state/louisiana/la-laws/louisiana_revised_statutes_9-3198-1
Yes
A seller must disclose known material defects about the property. Typically, a seller would make these disclosures on a Property Disclosure Form.
https://legislature.maine.gov/statutes/33/title33sec173.html
https://legislature.maine.gov/statutes/33/title33sec173.html
Yes
Under Maryland state law, when you sell a home, you’re 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.
https://www.dllr.state.md.us/forms/propertydanddform.pdf
No
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.
Yes
Michigan disclosure laws require a seller to disclose what is personally known about the home, including any imperfections.
https://www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-92-of-1993.pdf
Yes
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 buyer’s use and enjoyment of the property, or 2) any intended use of the property of which the seller is aware” (Minnesota Statute 513.55).
Yes
Homeowners are required to disclose any mold issues during a sale.
http://www.mrec.ms.gov/docs/mrec_forms_PCDS2017FINAL-LETTERWITHNUMBERS.pdf
Yes
§ 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.
Yes
Montana’s 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.
https://leg.mt.gov/bills/mca/title_0700/chapter_0160/part_0070/section_0030/0700-0160-0070-0030.html
https://dphhs.mt.gov/publichealth/cdepi/diseases/mold
Yes
Stat. § 76-2,120. That statute says that every Nebraska seller must give the purchaser a “written disclosure statement of the real property’s condition.” The law applies both to outright sales and to leases with an option to purchase.
https://nebraskalegislature.gov/laws/statutes.php?statute=76-2,120
https://law.justia.com/codes/nebraska/2018/chapter-71/statute-71-2433/
Yes
“Under Nevada law, your right to have a home inspection prior to purchase does not replace the seller’s 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.”
https://red.nv.gov/uploadedFiles/rednvgov/Content/Forms/547.pdf
No*
Mold is not a state code violation in New Hampshire.
https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents/2021-11/holu-mold-and-moisture.pdf
Yes
In New Jersey, sellers have a “duty to disclose” material facts or defects and cannot hide information about their property.
Yes
Property owners in New Mexico are required to disclose known material defects prior to engaging in a real estate transaction.
https://www.nmhealth.org/about/erd/eheb/mp/
https://law.justia.com/codes/new-mexico/2011/chapter47/article13/section47-13-3
Yes*
Seller is required to disclose known housing defects to the buyer in a real estate transaction.
Yes
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 form—known formally as the Residential Property and Owners’ Association Disclosure Statement—disclosing conditions and defects with the property.
https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter47E
Yes
As the seller you are required to disclose all material facts of which you are aware that could adversely and significantly affect an ordinary buyer’s 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.
https://deq.nd.gov/WM/indoor/mold.aspx
Yes
Ohio disclosure law requires sellers to disclose only those items they know about. This means that you aren’t 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.
https://com.ohio.gov/static/documents/real_COMResidentialPropertyDisclosureForm.pdf
Yes
Sellers need to inform buyers of any defects in the home that they are aware of.
Yes
Requires sellers of real property to disclose the presence of mold to prospective buyers.
https://oregonrealtors.org/sites/default/files/Oregon%20Property%20Seller%20Advisory_0418_1.pdf
Yes
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.
https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=68&div=0&chpt=73
Yes
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.
http://webserver.rilin.state.ri.us/Statutes/TITLE5/5-20.8/5-20.8-2.HTM
Yes
According to South Carolina Code § 27-50-40, you must give the purchaser a written disclosure statement.
Yes
Disclosure is required by law to be completed by sellers of real property and given to potential buyers.
https://dlr.sd.gov/realestate/forms/sellers_property_condition_disclosure_statement.pdf
Yes
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.
https://www.tn.gov/health/cedep/environmental/healthy-homes/hh/buyers.html
https://www.tn.gov/environment/program-areas/rem-remediation/meth.html
No
NA
No
No
The only disclosure explicitly required by Utah’s statutory law is that sellers tell prospective buyers whether there has been contamination due to “use, storage, or manufacture of methamphetamines” in the home.
https://www.nolo.com/legal-encyclopedia/utah-home-sellers-disclosures-state-law.html
https://le.utah.gov/xcode/Title57/Chapter27/C57-27_1800010118000101.pdf
No
Vermont law requires Seller to inform house buyers of previous mold issues.
https://www.nolo.com/legal-encyclopedia/selling-vermont-home-disclosure-obligations.html
Yes*
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.
https://law.lis.virginia.gov/vacode/title55.1/chapter7/section55.1-703/
Yes
Washington State requires sellers of residential real property to thoroughly disclose material facts.
https://www.tpchd.org/home/showpublisheddocument/416/636426285873570000
No*
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.
http://www.wvlegislature.gov/wvcode/code.cfm?chap=60a&art=11
Yes
The “Real Estate Condition Report” required by law in Wisconsin requires the seller to answer questions on the condition of the property being sold.
https://docs.legis.wisconsin.gov/statutes/statutes/709.pdf
Yes
The “Real Estate Condition Report” required by law in Wisconsin requires the seller to answer questions on the condition of the property being sold.
https://docs.legis.wisconsin.gov/statutes/statutes/709.pdf
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