Mold and Mildew -- Don't Let Them Set Up Camp in Your Home

 Mold and mildew can be intrusive; they let themselves in without knocking, then set up camp in damp corners,  including subflooring areas under your home due to a pipe leak that you may not be aware of until you hire an inspector.

Mold and mildew are two distinct fungi that commonly invade our homes, thriving in wet and humid conditions. While they may look similar to the untrained eye, each has unique characteristics and requires different treatment and prevention. This article delves into the subtle yet significant differences between mold and mildew so you'll know how to identify, remove, and ultimately rule out these unwelcome guests.

 

 The Difference Between Mildew and Mold

Understanding the differences between mildew and mold can help prevent further spread across your home.

 Here's a quick reference guide:

  Mold is typically fuzzy or velvety and can appear in various colors, like green, black, or brown patches. It thrives in damp environments and can cause a musty odor.

  Mildew is usually white or gray and has a powdery texture. Mildew grows on hard surfaces, especially in high-moisture areas like bathrooms.

  Something they both have in common? Potentially causing health issues if not addressed.

Some New California Laws for 2016

New CA laws for 2016

One of the more interesting new laws for 2016 allows transfer of deed without going through probate court.  As a transfer-on-death deed, it allows a homeowner, effective January 1, 2016, to transfer to a named beneficiary a one-to-four unit residential property without going through a probate action.  The property cannot already be part of another will or trust, but must be separate and apart.  So if you have not included a property in your trust, or you don't have a will or trust yet, but you want a property that is yours to go to someone automatically upon your date of death, you may do so by this Transfer on Death Deed, sign and notarized and recorded within 60 days.  It is revocable in case you change your mind.  This a form deed accompanied by 24 FAQs explaining it. The law lasts through January, 2021.  Assembly Bill 139.

There are a number of laws involving no penalties for water use and lawn appearance during a drought.

Extended indefinitely is the victim's rights law to terminate tenancy, where he or she or a household member was a victim of an act of domestic violence, sexual assault, stalking, elder abuse or human trafficking and that the tenant intends to terminate the tenancy.  The time to give notice has been reduced from 30 days to 14 days.  Assembly Bill 418.

Senate Bill 655 pertains to new mold/habitability standards pertaining to landlord/tenant law. A change from current law, this new law  now provides that a lessor (landlord) is not obligated to repair a dilapidation relating to mold, as specified, until he or she has notice of it, or if the tenant is in substantial violation of the duty to keep the property clean and sanitary, and thereby substantially contributes to the existence of the mold. This law authorizes a landlord to enter a dwelling to repair a dilapidation relating to mold.  There are current definitions about substandard housing, and "this law specifies that visible mold growth, as determined by a health officer or a code enforcement officer, is a type of inadequate sanitation and therefore a substandard condition. However the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper and intended use would not constitute a substandard condition."

For a complete list of 2016 laws which also address consumer protection, HOA regulations and drought conditions and FHA disclosures, disclosure required by AirBnB rentals, to name a few, please contact me.  I will be happy to forward them to you.
Lic #01188996

Seller Top 10 Legal Mistakes, Part IV

Not providing the buyer with legally required disclosures.

There is an important form used by REALTORS in California transaction named the Transfer Disclosure Statement (TDS) for residential sellers to make certain written disclosures about their property. This form is required by the California Civil Code, since 1987.

Sellers often forget how important it was to them as a buyer to find out what their seller could tell them about their new home. Buyers still want to know, so what is a checkbox and a few blank lines to fill in to a seller on the TDS is a world of important information to the buyer(s).

The TDS is meant for the seller to tell the buyer what is within their ordinary knowledge about their property, i.e., repairs, how recently painted, permitted and non-permitted modifications or additions, how old the roof is, new flooring, is there a sump pump under the subflooring--in other words, things that the mentally present person is not likely to have forgotten about.  There is even an additional multi-page Property Questionnaire covering numerous topics to prompt the seller's memory, a document which is not legally required but is often requested by the buyer's agent. Buyers sometimes think that sellers purposely didn't tell them certain things, like that rot that was found after the brick facing was removed from the front of the house. But things can happen that the seller may have no knowledge of, especially if they lived there for many years without spending money on maintenance. But then there's the case of the freshly painted bathroom that may have been covering over the water stains from a roof leak, which the buyer found out about on physical inspection, but where there was no disclosure about it on the TDS.  Sellers, it only upsets buyers when you're not totally forthcoming--it may be painful to negotiate during escrow and walk away with less money, but it could be saving you from an angry buyer (that did not discover a problem during escrow) and a lawsuit later on.

It's important to give this TDS document to the buyer, in the time period stated in the contract, since the buyer has the right to cancel the contract otherwise. If the seller thinks he/she doesn't have to provide this form and refuses to do so, the seller will be liable for any resulting damages (that means . . . attorneys, and more money spent).  If they seller accidentally includes wrong information, and then realizes it later, they may amend the TDS and give it to the buyer. There are certain sellers exempt from this form, such as in probate cases, and trust, plus a few other types.

And there are other required disclosures, including those about natural hazards, lead paint, special districts, and others, such as death on the property.  If someone died on the property more than 3 years prior to the buyer's offer to purchase, or if they died from AIDs, the seller is not required to disclose that fact, unless the buyer asks. If someone did die before that time, then the seller must disclose it--because if you the seller thinks the buyer won't be talking to the neighbors later on, you should think again.  Buyers should know what they are concerned about before and during their buyer investigation period, so that they are not unpleasantly surprised after they move in.

This is a more complex and lengthy subject than in this post, if you have questions please feel free to contact me.
An observation:  It's so very difficult to absorb all that is conveyed in the tiny print in these transactions, so my advice is:  turn off your TV, do not check your phone, your iPad, your computer, just sit and focus in as quiet a place as possible when completing your documents.  It is not a time for multi-tasking.

What About the CLUE report?

This article is another reminder to be careful about claims on your homeowner insurance. All buyers and sellers should be aware that a previous owner's, not just the current owner's, claims may affect the current buyer's ability to get certain insurance coverage on their new home purchase. The Comprehensive Loss Underwriting Exchange is the insurance industry's database about claims history, especially related to water and mold problems. This article should emphasize the point of vigilance about home maintenance issues to prevent the unexpected as much as possible.

What You Need to Know Besides the Selling Price.

It's no news to most homeowners that home insurance premiums have risen in California, or that the reason is due to claims against insurance companies because of mold and water-related damage. But have you ever thought about a Realtor's insurance coverage during your transaction? Errors and omissions insurance premiums have more than doubled--there are fewer carriers willing to carry risk in California. This is a result of the sharp increase in claims against Realtors, even though only a small percentage are actually valid. Consequently, some brokers no longer can afford this coverage. The working relationship between clients and their Realtors, if given some advance thought and preparation by all concerned, could alleviate misunderstandings. This article explains more.

Report Finds Mold Poses Only Modest Health Risks

(June 2, 2004) -- A long-awaited report from the National Academy of Sciences (NAS) concluded that exposure to mold will result in only modest negative health effects. In 2002, the U.S. Centers for Disease Control and Prevention directed the NAS to conduct a comprehensive scientific literature review of the health effects of mold, identify research gaps, and make recommendations to address future public health policy in this area.

The NAS, in a report titled "Damp Indoor Spaces and Health," concluded that the current scientific literature on the health effects of mold exposure found sufficient evidence of an association between exposure to damp indoor environments (where mold is likely to grow) and respiratory health distress symptoms, including coughing, wheezing, and increased incidence of asthma in sensitized persons. Limited evidence was found for an association between damp indoor environments and more serious respiratory illness. Insufficient evidence was found to support a relationship between damp indoor environments and severe health outcomes, such as cancer, pulmonary disease, or death.

The report concluded that excessive indoor dampness, and subsequent exposure to mold, is a public health problem. However, additional research should be conducted in several areas, including mold exposure and serious health outcomes; the interaction of the wide variety of exposure factors in the indoor environment on human health; and the effectiveness of various remediation methods.

—NAR