Home Inspectors – Beware Of Mold Lawsuits!
Let us start by saying that mold inspection is not an exact science and its detection can be quite tricky. Mold likes to play hide and seek. In this business one cannot assume that if it walks like a duck, and quakes like a duck, that it’s a duck. But it smells like a duck, you say, and the owners are experiencing respiratory problems. Well, it might be mold that’s causing this, but it could also be volatile organic compounds (VOCs) off-gassing from new building materials.
And what if you don’t see, hear, or smell the duck, does it mean it’s not there? Some home inspectors or novice mold inspectors even go so far as to swear that the home is “duck free”. If you have taken it upon yourself to offer mold inspections and sampling, in addition to your regular home inspections, we want to give you some good advice – NEVER, ever, under any circumstances, certify that a building is “mold-free”. We are seasoned mold inspectors and we would never say such a foolish thing. There isn’t any need to appear cleverer than your competitor just because the duck isn’t sticking its neck out. Do that, and sooner or later those two little words – “mold free” – may make a good lawyer wealthy.
In order to improve their overall expertise as home inspectors, we think home inspectors should familiarize themselves with the subject of mold but shouldn’t try to branch out into the territory of mold assessment and assume expertise overnight. When a mold specialist conducts a mold inspection, he or she looks for evidence of moisture, reports red flags that are conducive to mold growth, and makes recommendations with regard to repairs.
You can do that, you say, because you too have a moisture meter. That might be true, but it’s also where the similarity ends. With respect to those red flags, a mold specialist may be more detail oriented and will exercise more caution. If he or she finds anything that looks like mold, it’s reported as a MLS or mold-like substance. So the mold specialist’s report might state “visible mold-like substance observed in the air handler”. The reason being that, until a sample is taken and analyzed by a microbiologist, nobody can identify the specimen. It could be dirt!
Let us go back to our missing duck and talk about false negatives. A false negative is when sample results indicate that the mold spore levels are within the normal range, compared to an outside control, when, in fact, there is a mold problem somewhere. In our book, Mold Matters – Solutions and Prevention, we list various factors that can produce false negatives. A good mold inspector should keep the following in mind when collecting samples:
- Bad timing – mold is not sporing at the moment.
- No air movement – some molds require mechanical agitation and no air movement in wall cavities or between two floors hinders sporing.
- Some molds do not spore easily – a prime example is Stachybotrys.
- Wrong place – wall cavity sample is collected in a space between two studs with heavy insulation, when a mold problem exists in another wall cavity.
- Diluted air – a sample collected in a large room may mask the fact that a mold problem is developing in one corner inside a wall.
- Strong positive pressure – mold spores in a wall cavity may be pushed toward the outside wall, preventing the spores from percolating toward the inside of rooms.
- Hot air rises – mold spores between two floors tend to stay in the cavity because hot air rises and the cavity is usually warmer than the room below.
- Budget constraints – the inspector recommends an adequate number of samples but the client chooses less samples. There could be a problem in an area not sampled and missed.
For more detailed information on false negatives, one can read our book Mold Matters – Solutions and Prevention, or better yet, sign up for one of our online mold courses at http://www.iipmi.com
Besides collecting samples correctly and choosing the best sampling location, interpretation of the test results is crucial. Clients expect a high quality understandable report, not just numbers. Some laboratories give some proprietary statistical measurement, to indicate a probability that a certain species of mold may be growing in a building. However, these probabilities, whether low, moderate, or high, are not to be confused with quantity measured as spores per cubic meter. Not all molds are created equal – some are more harmful than others. Thus, quantity has to be evaluated along with species of mold. Common molds in large quantities can be just as harmful to health as a small quantity of toxic mold.
If mold remediation is necessary, the mold inspector should include basic mold remediation guidelines in his or her mold inspection report. Should the client ask and be willing to pay for a detailed and lengthy mold remediation protocol, the inspector should be prepared to write one.
We strongly suggest that the inspector take many pictures for quality control, in the event that the laboratory results might ever be questioned. This provides a record of the sampling methodology. Each picture should have a placard showing the Client ID, date, sample ID, and sample location. Pictures should also show the air pump in relation to its surroundings, the actual canister showing the sample ID number, and the flow rate of the pump. Several pictures should be taken of each sample and archived, just in case they’re ever needed. If the inspector cannot back up his methodology in court, he could be in serious trouble. Careful quality control is essential.
State regulation with respect to the mold business is long overdue. Some home inspectors have become mold inspectors overnight, even though many don’t have a clue as to what they’re doing and they make serious mistakes – such as collecting air samples while a HEPA filter cleaner is on, or by telling a client that they have a mold problem, just to be on the safe side, when in fact no problem exists. Some mold remediators collect samples for free, as long as they are hired to perform the remediation (whether it needs it or not). That’s not all . . . some also perform the post-remediation testing to clear their own work! Who’s laughing? Lawyers are laughing . . . all the way to the bank.
Our advice to home inspectors? Unless you are very well trained in performing mold inspections and sampling, stick to home inspections. If you do get into mold work, strive to provide clients as accurate an air quality mold assessment report as possible, and ensure that you continually learn about mold and refine your sampling methodology. Lastly, avoid making unwise statements that the home or building is “mold-free,” even when the overall air quality seems to be within the normal range. Following this advice just might keep you out of court.
ABOUT THE AUTHORS:
Danielle and Charles Dobbs are principals of Dobbs Enterprises, Inc. a mold inspection and sampling company based in Maitland, Florida. They are authors of Mold Matters – Solutions and Prevention, and have written many articles. They also founded the International Institute of Professional Mold Inspectors, http://www.iipmi.com, where they offer online courses. They give onsite or online classes to engineers and maintenance crew on water intrusion and mold management. A unique telephone consulting service, a first in the nation, provides homeowners and building owners with an unbiased expert opinion or guidance about their particular mold problem.
