Question:
“Hi Gary. A friend of mine bought a home and it turned out to have several problems, including a lot of mold behind a couch. Is an agent responsible for finding and disclosing things like that?”
Answer:
An agent is legally required to “conduct a reasonably competent diligent visual inspection of reasonably and normally accessible areas.”
For example, an agent is not required to:
- Climb onto a roof or into an attic
- Move furniture, pictures, etc
- Inspect beneath a house
- Go up or down hillsides
- Operate appliances or systems (heating, plumbing, etc.)
- Measure the size of the home or lot or locate boundary lines
- Determine whether something is mold, asbestos, etc.
- Check building permits, zoning, or ability to develop or build
So that agent was not responsible for finding the mold because it was behind furniture.
If the seller saw the mold when they moved and escrow had NOT closed yet, they could be liable for not disclosing it. But it’s possible they hired a mover and didn’t see it.
My best advice…
If you’re buying a home, look at it closely, research anything important to you, and hire professionals to inspect. But realize there will always be some risk.
