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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | January 11, 2013 02:15 PM |
|---|---|
| From: | Representative William C. Kortz, II |
| To: | All House members |
| Subject: | Request for Co-Sponsorship: Requiring the Mold to be Disclosed by Seller |
| In the near future, I will be introducing legislation that seeks to amend section 7304 of Title 68 (Real and Personal Property) to require homeowners to disclose, on the seller disclosure form, any known presence of mold in a home. While the seller disclosure form, as currently listed in section 7304, provides for sellers to list the known presence of soils, drainage and other hazardous substances, mold is a substance that is not specifically required to be disclosed to potential home buyers. As you are probably aware, mold, fungi and other organisms can negatively affect indoor air quality—often times destroying both homes, and the lives of those who inhabit them. According to the Center for Disease Control, a 2004 study conducted by the Institute of Medicine found significant evidence that indoor mold exposure is linked to upper respiratory ailments in healthy individuals. For more susceptible individuals—especially children, senior citizens, pregnant women, and persons with respiratory and immunity issues—the health risks can be severely elevated. Last year, I was contacted by a constituent who purchased a home in which mold was present, but not disclosed. After a few months, her elderly mother, who also lived in the home, began suffering from severe respiratory complications—a condition that lead to her sudden passing. Shortly after her passing, the constituent began to notice mold growing throughout the house. After an investigation, the source of the mold growth was believed to have been in the attic, where the previous owners had improperly installed insulation; thus, creating a moist environment for mold to flourish throughout the home. According to the Allegheny County Health Department, the mold was so prevalent in the home that the dwelling was deemed inhabitable in its condition. Furthermore, the loss of her mother was coupled by the loss of her home in which she could not afford the remediation services necessary to live there. In addition to providing for the disclosure of mold, my legislation would also require sellers to disclose the condition of attics. Moreover, it would establish a “buyers beware” clause on seller disclosure forms to warn buyers of the risks associated with mold. It is my hope that by requiring sellers to disclose this information, and warning buyers of the effects of this substance, we can better protect prospective home buyers from the financial, physical and emotional trauma that can arise from the presence of mold. Please join me in co-sponsoring this important legislation. |