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:

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Mold and Water Disclosure

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Alabama

Mold and Water Disclosure

Yes

Mold and Water Damage Disclosure

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).

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

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.

Citation 1

https://www.commerce.alaska.gov/web/portals/5/pub/rec4229.pdf

Citation 2

https://www.methlabcleanup.com/AK%20DISCLOSURE.pdf

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

https://www.nolo.com/legal-encyclopedia/arizona-home-sellers-disclosures-required-under-state-law.html

Citation 2

https://www.azleg.gov/legtext/50leg/2r/laws/0327.htm

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

https://www.nolo.com/legal-encyclopedia/selling-arkansas-home-what-are-my-disclosure-obligations.html

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 buyer’s desire to purchase the property, or the amount the potential buyer is willing to pay.

Citation 1

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=2.&title=4.&part=4.&chapter=2.&article=1.5.

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

https://law.justia.com/codes/colorado/2016/title-38/real-property/article-35.7/section-38-35.7-103#:~:text=Disclosure%20%2D%20methamphetamine%20laboratory,-Universal%20Citation%3A%20CO&text=(1)%20A%20buyer%20of%20residential,used%20as%20a%20methamphetamine%20laboratory.

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

https://portal.ct.gov/-/media/Departments-and-Agencies/DPH/dph/environmental_health/eoha/pdf/MoldGuidanceInsurancepdf.pdf

Delaware

Mold and Water Disclosure

Yes

Mold and Water Damage Disclosure

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.

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 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.

Citation 1

https://www.nolo.com/legal-encyclopedia/legal-remedies-if-home-seller-lies-conceals-defect-florida.html

Citation 2

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0475/Sections/0475.278.html

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

https://www.nolo.com/legal-encyclopedia/home-sellers-georgia-disclosures-required-under-state-law.html

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 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.

Citation 1

http://hawaiirealestatedreams.com/wp-content/uploads/Hawaii-HAWAII-Buyer-Advisory.pdf

Citation 2

https://www.methlabcleanup.com/HI%20DISCLOSURE.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 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.

Citation 1

https://www.in.gov/pla/files/Sellers_Disclosure_Form.pdf

Citation 2

https://www.in.gov/meth/clan-lab-addresses/

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 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.

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

https://www.ksrevisor.org/statutes/ksa_ch58.html

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

https://chfs.ky.gov/agencies/dph/dphps/psb/Documents/MethamphetamineContaminatedPropertiesandLHDResponsibilities.pdf

Louisiana

Mold and Water Disclosure

Yes

Mold and Water Damage Disclosure

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.

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, 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.

Citation 1

https://www.dllr.state.md.us/forms/propertydanddform.pdf

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

https://www.nolo.com/legal-encyclopedia/massachusetts-home-sellers-what-if-anything-you-must-disclose-buyers.html

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

http://www.legislature.mi.gov/(S(vka4hwwamraowvpd3bkrsotx))/mileg.aspx?page=GetObject&objectname=mcl-565-957

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 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).

Citation 1

https://my.mnbar.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=ab7bf3ac-bba1-7502-4af7-abe0cfd5b15a

Citation 2

https://my.mnbar.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=ab7bf3ac-bba1-7502-4af7-abe0cfd5b15a

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

https://higherlogicdownload.s3.amazonaws.com/THELANDING/b0600478-651c-4642-af71-0ca877083c44/UploadedImages/2020-forms/DSC-8000-FINAL-CLEAN-2019.pdf

Citation 2

https://revisor.mo.gov/main/OneSection.aspx?section=442.606

Montana

Mold and Water Disclosure

Yes

Mold and Water Damage Disclosure

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.

Citation 1

https://leg.mt.gov/bills/mca/title_0700/chapter_0160/part_0070/section_0030/0700-0160-0070-0030.html

Citation 2

https://eforms.com/images/2018/07/Montana-Property-Disclosure-Statement.pdf

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 property’s 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 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.”

Citation 1

https://red.nv.gov/uploadedFiles/rednvgov/Content/Forms/547.pdf

Citation 2

https://www.leg.state.nv.us/nrs/nrs-040.html

New Hampshire

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

https://www.nolo.com/legal-encyclopedia/new-jersey-home-sellers-disclosures-required-under-state-law.html

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.nmrealtor.com/wp-content/uploads/2021/03/NEW-Form-1110-Adverse-Matrerial-Facts-Disclosure-Statement-03.2021.pdf

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

https://www.nysenate.gov/legislation/laws/RPP/A14

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 form—known formally as the Residential Property and Owners’ Association Disclosure Statement—disclosing conditions and defects with the property.

Citation 1

https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter47E

Citation 2

https://www.richmondnc.com/DocumentCenter/View/2374/Methamphetamine-FAQS#:~:text=As%20of%20April%201%2C%202005,human%20health%20and%20the%20environment.

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 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.

Citation 1

https://www.realestatend.org/image/cache/2019.07.31_–_Disclosure_form.pdf

Citation 2

https://www.realestatend.org/image/cache/2019.07.31_–_Disclosure_form.pdf

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 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.

Citation 1

https://com.ohio.gov/static/documents/real_COMResidentialPropertyDisclosureForm.pdf

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

https://oregon.public.law/statutes/ors_453.870

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

https://www.scstatehouse.gov/code/t27c050.php

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

https://dlr.sd.gov/realestate/forms/meth_disclosure.pdf

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

Utah

Mold and Water Disclosure

No

Mold and Water Damage Disclosure

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.

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

https://www.nolo.com/legal-encyclopedia/residential-home-sellers-washington-what-the-law-requires-you-disclose.html

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

http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=SB433%20SUB1%20ENG.htm&yr=1999&sesstype=RS&i=433

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

https://docs.legis.wisconsin.gov/statutes/statutes/709.pdf

Citation 2

DDDDDDD

Wyoming

Mold and Water Disclosure

Yes*

Mold and Water Damage Disclosure

Wyoming has no law that requires you to give a formal disclosure statement to a potential buyer of your house. Wyoming’s courts enforce caveat emptor clauses in purchase contracts. Despite the caveat emptor doctrine, Wyoming does have some regulations around real estate sales. These come into play largely when you use a licensed real estate agent. Under Wyoming Code 33-28-303, the agent must “disclose to any prospective buyer all adverse material facts actually known by” the agent.

Citation 1

https://eforms.com/images/2018/10/Wyoming-Sellers-Property-Disclosure-Statement.pdf

Citation 2

https://docs.legis.wisconsin.gov/statutes/statutes/709.pdf

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