Yes. The law in Oregon requires sellers of real property to disclose the presence of mold to prospective buyers. The law goes a step further and advises homeowners to hire trained professionals to inspect the property. Although the law does not specifically require inspections by sellers, contract law requires good faith and fair dealing, and where any material problem, such as a mold infestation, could reasonably exist, under certain circumstances a court may hold a seller accountable for failing to conduct an inspection.
How Is the Seller Required to Disclose the Presence of Mold?
If mold is discovered, Oregon law requires that the presence of mold be disclosed on a seller's property disclosure form. This is a form that a person selling a home must complete during the sale. Thus, the seller cannot make the disclosure orally and expect the disclosure to be sufficient.
What If the Seller Did Not Disclose the Presence of Mold?
A seller who fails to disclose or otherwise conceals the presence of mold may be liable to a civil lawsuit. A buyer can attempt to do any, if not all, of the following:
- Rescind the purchase of the home
- Seek compensatory and incidental damages
- File a personal injury claim, if harmed
Do I Need a Lawyer to Help Resolve My Mold Dispute?
If you have purchased a home in Oregon and feel that the seller was not truthful about the presence of mole, you have legal recourse. A real estate lawyer will be able to advise you of your options and guide you through the legal system.