Mold Disclosure When Selling a Home: What the Law Says

When selling a home, you are generally required to tell buyers about known issues that affect the property's value or safety. Mold can be one of those issues. In Washington, the seller's disclosure statement asks about water damage and other conditions, but it may not specifically mention mold.

If you have seen mold or know about past water problems that led to mold, you should disclose that information. Failing to do so can lead to legal trouble after the sale. Buyers may sue for nondisclosure if they discover mold later and believe you hid it.

The right way to disclose mold is in writing, using the seller's disclosure form. You can add a note in the comments section if the form does not have a specific mold question. Be specific about where the mold was, what caused it, and what you did to fix it.

If you have not fixed the mold, say so. You might also include a professional inspection report if you have one. Even if you think the mold is gone, disclosing the history is safer. Buyers appreciate honesty, and it can protect you from future claims.

Not disclosing known mold can lead to a lawsuit after the sale. The buyer may claim you committed fraud or misrepresentation. You could be responsible for the cost of mold removal and other damages. In some cases, the sale could even be rescinded.

To protect yourself, always be honest on the disclosure form. If you are unsure about your obligations, check your policy or talk to a real estate professional. In Sammamish, as elsewhere, it is better to disclose than to risk a legal dispute.