I’m looking for a disclaimer that will cover me if mold is found that was not visible during the time of the inspection. For example, while no organic growth or water damage was visible at the inspection, once the owners move in they pursue drywall testing and find heavy mold behind drywall.
Thanks
If you are not offering a mold inspection, use InterNACHI’s standard home inspection which excludes mold.
If you are offering a mold inspection, use the mold inspection agreement.
If you are offering a mold inspection, but your client doesn’t want a mold inspection, use the mold waiver.
All 3 documents are in www.nachi.org/documents.htm
We don’t offer mold but like anyone else, would recommend a mold inspection if the signs were there. But, if we missed a small sign that leads to the buyers removing sheetrock and having a huge problem I’d like to protect myself from that lawsuit.
Since the contract (which I use at every inspection) states: “CLIENT understands that INSPECTOR will NOT be testing for mold.” does that offer me the protection I’m seeking in Florida?
You do not know it is mold. Mold is a general term Use “substance” or “suspicious wall contaminate”. Suggest further professional evaluation and/or testing of the substance. “We do not test or evaluate any environmental substances or concerns…”
i would suggest that instead of putting a mold disclaimer in every report, you just ensure that your inspection agreement clearly states that you can only comment on accesible and visible components and systems. Remember, a general home inspection is not invasive, nor technically exhaustive. Mold is only one of many problems that might be hiding byond those hills.
good luck
Never use the word mold with out proper classification from a certified mold assessor. I use InterNACHI’s agreement which states we do not test for mold. However if I see it I never use the word mold, I use
Biological substance noted in the ceiling located in the living room area of the home. We do not test for biological substance. I recommend further evaluation and testing done by a certified mold assessor.
I will let the client know when we see this that they need to get it tested. However since I do not do mold inspection I let them know with the agreement that we do not test for mold. If you do not offer mold inspections make sure you have someone you can recommend. It is always good to help our clients, but by limiting our liability.
The common phrase to use is “Apparent microbial growth” when visible mold like substance is observed, and then should be deferred to a specialist for verification and extent of contamination.