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New Jersey allows sellers of real estate properties to complete a Property Condition Disclosure Statement.  The property disclosure statement relative to mold references he following. 

NJ Seller’s Property Condition Disclosure Statement
(N.J.S.A. 56:8-19.1) A. 2685 

◦Yes    No         
[ ]      [ ]               9)        Are you aware of any water leakage, accumulation or 
                                       dampness within the basement or crawl spaces or any 
                                       other areas within any of the structures on the property? 

◦[ ]      [ ]               9a)      Are you aware of the presence of any mold or similar 
                                         natural substance within the basement or crawl spaces 
                                         or any other areas within any of the structures on the 
                                          property? 

As revised, N.J.S.A. 56:8-19.1 newly requires that if a filled-in property condition disclosure statement indicates the seller’s awareness of water leakage, accumulation or dampness, the presence of mold or other similar natural substance, or repairs or other attempts to control any water or dampness problem on the real property, the involved real estate broker, broker-salesperson, or salesperson is required to provide the buyer with a physical copy of the Department of Health’s "Mold Guidelines for New Jersey Residents" pamphlet. 

Mold Disclosure & Consumer Fraud

New Jersey consumer fraud law bans the "concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any … real estate." N.J.S.A. 56:8-2. 

The administrative rules of the Real Estate Commission provide that real estate licensees must disclose all information “material to the physical condition of any property which they know or which a reasonable effort to ascertain such information would have revealed to their client or principal and when appropriate to any other party to a transaction.” N.J.A.C. 11:5-6.4.  The concern raised by this requirement is that a real estate broker or agent might be called on to answer to a defrauded buyer for passing along bad information originating with the seller. 

1. Mold disclosure in a typical real estate transaction
2. Seller answers no regarding water or mold
3. Home goes under contract
4. Buyer does due diligence including a mold inspection.
5. Mold is found and a repair request presented to the seller
6. Maybe because of mold, maybe another issue but the transaction falls apart and the property is an active listing.

The seller now has to disclose the mold even if it was not disclosed previously. If it is disclosed, the Realtor would need to provide the buyer with the mold guidelines.

Mold growth is due to a water issue, mold will grow back if the water issue is not fixed. After disclosure of mold growth by seller, ask how the water issue was fixed and for some paperwork. Regarding the mold remediation, ask the seller for paperwork from the mold remediation company. The company should provide information on the remediation was performed and warranties on the products used during remediation.

Disclosure of mold by the Seller should not make your run from the property, if you have the proper paperwork backing up that it was remediated and the water issue was fixed, it shouldn't be an issue in the future.

Expert mold advice, that is what you would want if you had a mold question - right?  Everybody wants the best available advice, but is it possible to get expert mold advice?   Finding a true mold professional is like finding a needle in a haystack.    It’s hard and rarely accomplished.  You can blame lack of government regulations as a source of the scarcity of mold professionals.  You see New Jersey, Pennsylvania and Delaware have zero mold regulations, so every "Chuck in a Truck" can say they know mold.

On a fairly consistent basis (almost daily to be fair) we get calls from people all over the country  that have questions about mold, or need us to interpret mold testing that a professional they hired cannot explain.   Fact, if you hire a professional, they should be able to provide professional advice in writing and be able to understand test results.   If your expert has a Gmail account, works out of their home or says they are licensed, I would say these are three common threads we find from people who have complaints with a mold company. 

No mold regulations, means no licensing, no required competency or required training and testing, so what is stopping someone from changing careers,  say from selling cell phones to doing mold consulting.   True story I met someone with just that background at an event down the shore, suffice to say what they knew about mold was very little.  Or should I say, what they knew about mold was mostly inaccurate. Did you know the salt air and the pressure treated wood that are prevalent in coastal areas inhibits mold growth?  Well, either did he and he told me not to tell people that its bad for business, he said fear of mold sells.   Sorry, I can't make this stuff up.   

As an environmental consultant that consults on mold, you need to inform clients and provide recommendations on risk and courses of action.   You do not sell fear.   Mold is harmful to human health, that is established, I have had people not be able to inhabit a home, or office where mold growth was present.  I also have people who live in an environment where mold is present and levels in the air are in concentrations where I know health issues were triggered in other people, although the current occupants had no apparent ill health effects from the mold.   This is actually not uncommon as we all have our sensitivities to gluten, lactose and mold, so what might be harmful to one person may not be to another.  That is not to say mold is a selling feature of a property, it certainly is not but mold has to be looked at objectively.   

How to pick a mold company?

1. Look for a company that at least 10 years of experience, 20 is better.
2. Google their address, make sure they work out of an office, not a home.
3. Check the ago of their web site address:  https://www.iplocation.net/domain-age     The longer a domain has been in operation, means the longer the company has been operating.   
4. Ensure everything provided to you is in writing, meaning scope of work, what they will do, how they will test and what the test results will mean.  Look we all know an A grade is better than a C, and an F is the worst, well translate that into mold test results. 

At Curren Environmental we have built a base of knowledge on mold consulting and mold remediation over a 20 year period.   We meet all criteria listed above.